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Submittal- Presentation- Vol. 1
Volume 1 PPP arn OM, 1 PoP40141110111WWW .iVgliiiiPOOPOWNY140A pIelifaidiargatrn6 ISLAND GARDENS Major Use Special Permit Presentation June 24, 2004 z"4 1140e4'' ppm" pipipip pi k4; PiSVINOW '011111,,i „ opppliPMPAPOPAPMV1000 CityofMiami SUBMITTED INTO THE PUBLIC RECORD FOR ITEM P2. A ON 43-Qq-aii 'Submitted Into the public" rd in connection ritfi item 1)Z-A on apt oy' ISLAND GARDENS '`''- �IlaAp��son k �"—r�i:'11 RIC "'City VJerl� i MAJOR USE SPECIAL PERMIT Table of Contents VOLUME 1 Analysis of Island Gardens' satisfaction of Major Use Special Permit requirements 1 Analysis of Island Gardens' satisfaction of Special Permit requirements 2 Analysis of Island Gardens' satisfaction of Variance requirements 3 Independent Review Traffic Impact Analysis submitted by URS Corporation Southern to the City of Miami, dated May 19, 2004 4 Queuing Analysis for Island Gardens submitted by URS Corporation Southern dated June 17, 2004 5 Island Gardens Neighborhood Workshop Materials submitted to the Planning Advisory Board on June 2, 2004 6 Materials relating to litigation brought against the City of Miami and Flagstone Island Gardens, LLC by Waterman, DeArmas & Sanchez, submitted to the City of Miami Planning Advisory Board on June 2, 2004 7 Letter from Rones & Navarro to Shutts & Bowen, LLP regarding litigation brought by Waterman, De Armas & Sanchez against the City of Miami and Flagstone Island Gardens, LLC, dated June 2, 2004 8 695278-1 Letter from Shutts & Bowen, LLP to Rones & Navarro regarding litigation brought by Waterman, De Armas & Sanchez against the City of Miami and Flagstone Island Gardens, LLC, dated June 16, 2004 Submitted Into the public record in connection with item Pz•- on a Priscilla A. Thompson --'4016,,City Clerk 9 Letter from Miami Children's Museum to Flagstone Property Group, LLC, dated May 27, 2004 10 Letter from The Urban Environment League to Commissioner Johnny L. Winton, regarding development on Watson Island dated, March 31, 2004, Statement presented to the City of Miami Planning Advisory Board by Steve Herbits, dated June 2, 2004 Response to Statement presented by Steve Herbits to the City of Miami Planning Advisory Board Curriculum Vitae and Executive Summary of Island Gardens architectural concepts submitted by Julio Grabiel, Spillis Candela, DMJM 14 Curriculum Vitae and Executive Summary of Island Gardens architectural concepts submitted by Michael Kerwin, Spillis Candela, DMJM 15 Curriculum Vitae and Executive Summary of Island Gardens architectural concepts submitted by Steven LaRusso, Spillis Candela, DMJM 16 Curriculum Vitae and Executive Summary of Transportation Assessment Analysis submitted by Ramon Alvarez, David Plummer & Associates 17 Curriculum Vitae and Executive Summary of Island Gardens Landscaping plans submitted by Scott Lamont, EDSA 18 695278-1 Curriculum Vitae and Executive Summary of Island Gardens fiscal impact submitted by Andrew Dolkart, Miami Economic Associates, Inc. 19 Curriculum Vitae and Executive Summary of Island Gardens marina construction submitted by Christy Brush, Coastal Systems International, Inc. 20 Submitted Into the public record in connection with item y z • on 4. -.4- off Prisalla A. Thompson City Clerk 695278-1 ANALYSIS OF ISLAND GARDENS SATISFACTION OF MAJOR USE SPECIAL PERMIT REQUIREMENTS UNDER ARTICLE 17 OF THE CITY OF MIAMI ZONING ORDINANCE (a) Is the development in conformity with, or will it necessitate a change in the adopted Miami Comprehensive Plan. Yes, Island Gardens (the "Project") is in conformity with the Miami Comprehensive Plan. Additionally, no change is needed in order to construct the Project. (b) Is the development in accord with or will it necessitate a change of the district zoning classification. The Project is in accord with the current district zoning classification. Additionally, no change is needed in order to construct the Project. 1. Will the development have a favorable impact on the economy of the City based on an economic impact analysis. The Project will have an enormously favorable impact on the economy of the City. The Project contains substantial retail and dining facilities, which will immediately make it a recreational destination for visitors to and residents of the City, as well residents of neighboring cities. Approximately eighty-five (85%) percent of the Three Hundred Ninety -Five Million Dollars ($395,000,000) that will be invested in the Project will be spent in the City, producing an overall economic impact of approximately Five Hundred Twenty - One Million Dollars ($521,000,000). The Fiscal Impact Report ("Economic Report") submitted as part of the MUSP, distinguishes between recurring and one-time fiscal impacts the Project will have on the City's economy. The total amount of one time benefits to the City include Two Million Six Hundred Thousand Dollars ($2,600,000) in City impact fees, Four Hundred Thousand Dollars ($400,000) in Downtown DRI ("DRI") supplemental impact fees, Four Hundred Sixty Thousand Dollars ($460,000) in City building permit fees, Ten Thousand Dollars ($10,000) in City waste surcharge fees and approximately One Million Dollars ($1,000,000) in lease payments per year during construction of the Project. Additionally, the Project will generate approximately Two Hundred Million Dollars ($200,000,000) in proceeds from the sale of fractional share licenses. Recurring revenues the Project will generate for the City are as follows: (i) $3,650,000 in City General Fund ad valorum taxes; (ii) $450,000 in City Debt Service ad valorum taxes; (iii) $200,000 in Downtown Development Authority ad valorum taxes; (iv) $2,000,000 in lease payments, not including percentage increases based upon sales revenues generated by the hotels, spa and parking facilities as well as marina and rental revenues; (v) increased occupational license fees; Submitted Into the public record in connection with (vi) increased utility tax and franchise fees; item Pz. a2 on G Priscilla A. Thompson 692047-1 1 City Clerk Submitted Into the public record in connection with item Pz . a on -,41- o4 Priscilla A. Thompson (vii) increased State sales tax revenue; and City Clerk (viii) increased parking surtax revenues. The Project will not only fiscally impact the City, but will also provide financial revenues to neighboring cities as well as other governmental entities. These include: (i) $2,500,000 in County General Fund ad valorum taxes; (ii) $120,000 in County Debt Service ad valorum taxes; (iii) $250,000 in Children's Trust ad valorum taxes; (iv) $200,000 in County Library ad valorum taxes; (v) $3,500,000 in School Operating ad valorum taxes; (vi) $280,000 in School Debt service ad valorum taxes; (vii) increased annual County Health Trust and Transit tax revenues; (viii) increased annual County Tourist tax revenues; and (ix) increased annual County Occupational License fees. The Project will contain 650 hotel and fractional units. Over 950 people will be employed on a full-time basis, earning approximately Twenty -Four Million Dollars ($24,000,000) annually. The Project also contains a Mega Yacht Marina ("Marina") with capacity for docking and maintaining yachts up to 225 feet in length. The Marina Industry Association of South Florida estimates the economic impact of a mega yacht to exceed Five Hundred Thousand Dollars ($500,000) in marine and tourism related business throughout the City. In sum, the Project will generate recurring annual revenue derived from the Marina, the hotels, the spa, the retail and dining facilities and the parking facilities. 2. Will the development efficiently use public transportation facilities and roadways based on a submitted traffic study. A detailed analysis of ingress and egress to Project was done in the form of a Traffic Impact Analysis conducted by David Plummer and Associates ("Traffic Assessment"). Access to the Project will be from the Perimeter Road ("Perimeter Road") running parallel to and accessible from MacArthur Causeway. Along Perimeter Road, is the Main Entrance ("Main Entrance") to the Project. The Main Entrance includes a landscaped traffic roundabout with central water features. The Main Entrance will be a landscaped two (2) lane roadway leading directly to the entry plazas for the hotels, the fractional units and the mega yacht marina. The Project also has a secondary entrance adjacent to Perimeter Road. The secondary entrance provides direct access to retail and dining facilities. 692047-1 2 Submitted Into the public record in connection with item p2-s on -4-04 Priscilla A. Thompson A controlled loop access way, as well as an emergency fire lane, will be constructed around theeitY Clerk entire Project. There is an access roadway leading from the Main Entrance to the lower levels of the Project. This roadway will accommodate group arrivals, service access and additional traffic to Children's Museum. This ingress roadway also provides access to the secured entrance to the Project, containing the back -of -house and short-term marina loading access facilities. The Parking Facility ("Parking Facility") is accessed directly from a turning lane farther down Perimeter Road. The entrance to the Parking Facility slopes up to upper levels of parking and down to lower levels to provide greater access to available parking. Just past the entrance to the Parking Facility is another landscaped roundabout, which provides access to the retail and dining facilities. Finally, the main service road for the docks and fishing pier is accessed from a turning lane off Perimeter Road beneath the MacArthur Causeway Bridge. This point of entry will be shared with the bus parking lot beneath the MacArthur Causeway Bridge. 3. Will the development favorably affect the need for people to find adequate housing in locations reasonably accessible to their respective places of employment based on a housing impact analysis. There will no residential component of the Project requiring the submission of a housing impact analysis. However, the Project will be constructed in close proximity to downtown Miami and Biscayne Boulevard. Currently there are a number of residential developments under construction, and many additional residential developments planned, in both of these areas, all of which are very accessible from the Project, thereby providing ample housing opportunities to employees of the Project. 4. Will the development efficiently use necessary public facilities based on a site utility study. The Project will efficiently use existing public facilities. There are water, sewer and utility improvements planned to service the marina, hotel, retail and restaurant facilities. Additionally, in order to efficiently manage ingress and egress to the Project, there will be roadway improvements made in and around the Project. 5. Will the development have a positive impact on available environmental and natural resources based on an environmental impact analysis. A detailed Landscape Plan ("Landscaping Plan") includes waterfront reflecting pools, water fountains, a two (2) leveled pier, and a public promenade overlooking Biscayne Bay, as well as a lush outdoor tropical garden and a multitude of trees, flowers and landscaping ornaments designed to accentuate the many acres of public green areas throughout the Project. The Landscaping Plan also includes heavily landscaping ingress and egress access roads designed to preserve existing vegetation and promote the Project as a public recreation destination. All of the components of the Landscaping Plan will have a positive impact on the natural surroundings. 6. Does the development comply with the applicable criteria set forth in Section 1305 of the City of Miami Code. The Project meets all of the criteria outlined in Section 1305 692047-1 3 of the Code. The Project and all of the planned components and amenities have been reviewed in accordance with the terms of Section 1305. These reviews include: (i) vehicular access, (ii) parking, (iii) refuse and waste collection, (iv) pedestrian oriented development, (v) lighting, and (vi) preservation of natural features. 7. Will the development have an adverse impact on public safety, based on a public safety plan. At all stages of the design and planning process of the Project the development team has singularly focused on ensuring that it will not have an adverse impact on public safety. The developer has taken all necessary precautions, ranging from the employment of a full-time security team to the proposed erection of a construction fence around the Project site, and the establishment of a detailed Project access policy, as part of a comprehensive public safety plan which will be submitted to the City for review. Submitted Into the public record in connection with item Z on 6- -og Priscilla A. pson C ty Clerk 692047-1 4 ANALYSIS OF ISLAND GARDENS SATISFACTION OF SPECIAL PERMIT REQUIREMENTS UNDER ARTICLE 13 OF THE CITY OF MIAMI ZONING CODE Island Gardens (the "Project") has been reviewed in accordance with the terms of Article 13, Section 1305 of the City of Miami Zoning Code ("Code"). The Project has been reviewed and found to be in compliance with applicable zoning regulations, applicable fire safety controls, applicable traffic safety and traffic monitoring controls, as well as refuse and waste collection. The Project has also been found to be in compliance with applicable design review criteria as laid out in Section 1305.2 of the Code. Specifically, the design criteria was reviewed at several meetings of the newly formed Internal Design Review Board and the Project was determined to be in compliance with all criteria of Article 13 of the Code. As such, the Project satisfies the requirements for the granting of special permits as outlined in Article 13 of the Code. The Project will establish a new benchmark in the City of Miami ("City") for hotel, marina and public entertainment facilities. The Project's architectural concept simultaneously aims to augment public recreational facilities and enhance the City skyline. Uniform screening and buffering materials, which compliment the hotel tower portions of the Project, will be used in order to maintain design uniformity. The landscaping in and around the Project is designed to accentuate the vast amount of public space and recreational areas within the Project. The Project will compliment existing attractions on Watson Island and quickly elevate Watson Island as the premiere public entertainment and recreational facility in the City. Submitted Into the public record in connection with item on d -, - oq Priscilla A. Thompson City Clerk 695653-1 Submitted Into the public record in connection with item 2 • .1- on Priscilla A. C � Csor lerl ANALYSIS OF ISLAND GARDENS SATISFACTION OF VARIANCE REQUIREMENTS UNDER SECTION 104 OF THE CODE (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The Island Gardens Development (the "Project") is currently situated in the northwest quadrant of Watson Island ("Site"). The boundaries of the Site were designated in the Request for Proposal ("RFP") issued by the City of Miami ("City"). The Project is a mixed -use development, including two hotels, retail and restaurant facilities, mega yacht marina, chandlery, fish market and a maritime gallery. The upland portion of the Project is bounded by Biscayne Bay on the southwest side and by MacArthur Causeway on the northeast side. Pursuant to section 401 of the Code, buildings exceeding certain heights must be set back an additional one (1) foot for each foot over the maximum height. Given the Project's configuration, absent the requested variance, the portion of the Project containing the Spinnaker Hotel (the "Building") will essentially be set back into the middle of Biscayne Bay. Therefore, special conditions and circumstances exist which are peculiar to the Building and which are not applicable to other buildings in the same zoning district. (b) The special conditions and circumstances do not result from the actions of the petitioner. The existing special conditions and circumstances do not result from actions of the petitioner. In the original RFP guidelines, the Site was predetermined by the City. As stated in Paragraph (a) above, the Project is bounded by Biscayne Bay and MacArthur Causeway in such a fashion as to severely limit the available land upon which to construct the Building. Thus, the Site's configuration, as defined in the original RFP, dictated the placement of the Building on the Site. The Building, as currently designed, is the culmination of architectural and design efforts to fully capture the splendor and beauty of the City, while simultaneously meeting the RFP guidelines and being able to construct aesthetically pleasing public retail and restaurant locations. The requested variance is necessary in order to permit the Building to move forward to achieve these endeavors. Thus special conditions necessitating the variance do not result from the actions of the petitioner. (c) Literal interpretation of the provisions of this zoning ordinance deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. The purpose and intent of the existing zoning ordinances in the Code is to facilitate development in the City. Strictly speaking, these ordinances were enacted in order to regulate 694644-1 1 Submitted Into the public record in connection with item Pz.on 6.,44-a4 Priscilla A. Thompson City Clerk development in the downtown areas where tall buildings need to be set back from one another for architectural reasons in order to maximize view corridors, facilitate air flow and provide sufficient access to sunlight. The Building will be one of only two structures of comparable height on Watson Island. As presently designed, both structures have access to sufficient sunlight and proper air flow. As such, there is no need to set the Building back in accordance with the purpose and intent of the Code. A strict reading of the Code creates an undue hardship for the Building because it will make it impossible to construct. As detailed in Paragraph (a) above, the required setback will locate the Building in the middle of Biscayne Bay. As such, a literal interpretation of the Code provisions works an unnecessary and undue hardship on the petitioner. (d) Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district. The Project will be situated on land, a portion of which is zoned Parks and Recreation ("PR") with the remainder being zoned Commercial Restricted ("C-1"). The Building requiring the variance falls within the C-1 district. Projects in C-1 districts, per the Code, have no height limitations. Accordingly, granting the requested variance conveys the same treatment to the Building as that in other C-1 districts. (e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. The requested variance is the minimum amount of variance needed. The Building has been structurally designed and configured in order to maximize public access and enjoyment. Unifying these various elements requires a variance, of which the requested amount is the minimum needed in order to achieve these development goals. (f) The grant of the variance is in harmony with the general intent and purpose of the zoning ordinance, and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. The grant of variance for the Building will not be injurious, incongruent with, or detrimental to the public welfare. In fact the requested variance will facilitate the development goals of promoting and encouraging public access and enjoyment of the recreational opportunities included within and adjacent to the Building. The requested variance will provide citizens and visitors to the City with additional destinations for leisure and enjoyment. The variance will permit the Project to be developed as presently configured, which will maximize view corridors between the building towers. The two (2) tower structures are the products of architectural efforts to capture the scenic views of the City, as well as those of the surrounding areas. As such, the requested variance is in complete harmony with the intent and purpose of the Code and will benefit residents and visitors of the City. 694644-1 2 04/2W2004 17:07 305531: 05/19/2004 12:23 FAX URS May 19, 2004 Ms. Lilia I. Medina Assistant Transportation Coordinator Office of Transportation, City Manager's Office City of Miami 444 SW 2nd Avenue Miami, Florida 33130 FLAGSTONE Re: island Gardens Traffic Impact Analysis Review - W.O. # 57 Dear Ms. Medina: PAGE 01 Q 002/016 Submitted Into the public record in connection with item P2_s on.4- -ou Priscilla A. Thompson City Clerk We have reviewed the Traffic Impact Analysis report for the Island Gardens project, dated April 2004, received May 4, 2004, along with the associated site plan information, dated April 1, 2004. In addition, we spoke with Sonia Shreffler-Bogart of DPA and received additional information on May 18, 2004 (see attached). Our detailed review comments are included in the attached memorandum. In summary, we find the traffic analysis sufficient. Note, no queuing analysis has been provided. A general estimate of the queuing would indicate the need to accommodate approximately 10 to 15 vehicles at the gates. The applicant has indicated that the site plan geometry of the garage entrance will be adjusted as needed to facilitate on -site circulation as the project continues through the site planning process. It is our understanding that a completely revised, bound report, inclusive of all the attached revised information will be provided to the City — please look for that submittal. Should you have any questions, please call me at 954.739.1881 extension 223. Sincerely, URS Corporation Southern .Z Jenn L. King, P.E. Senior Transportation Engineer cc: Sonia Shreffler-Bogart, DPA attachments URS Corporation Lakeshore Complex 5100 NW 33rd Avenue, Suite 150 Fort Lauderdale, R 33309.6375 Tel: 954.739.1881 Fax: 954.739.1789 ' 04/29/2004 17:07 30553137 FLAGSTONE 05/19/2004 12:23 FAX MSS PAGE 02 CJ003/016 Submitted Into the public record in connection with MEMORANDUM item '2 on `-yy 444 Priscilla A. Thompson ----_ City Clerk To: Lilia I. Medina From: Jenn L. King, P.E. Date: May 19, 2004 Subject: Island Gardens Traffic Impact Analysis Review — W.O. # 57 We have reviewed the Traffic Impact Analysis report prepared by David Plummer and Associates (DPA) for the Island Gardens project, dated April 2004. We also reviewed associated site plan data Information, dated 4/1/04, and revised information provided by DPA on May 18, 2004 (see attached). The proposed development will be located on Watson Island, on the south side of the MacArthur Causeway. [This project is within the Downtown DRI, as expanded by the recent NOPC application. Build out of this proposed project is anticipated in 2009. The project will be composed of 50 marina slips, 605 hotel rooms, and 232,774 square feet of retail space, with an associated 1,610 parking spaces. Our findings are as follows: 1. General Location Map: The report includes a location map, which adequately identifies the project location (Exhibit 1). The surrounding street network is provided in Exhibit 4. 2. Study Area: As agreed upon via a preliminary methodology discussion (Appendix B), the study analyzes five unsignalized intersections: the four proposed site driveways with Parrot Jungle Trail, and the intersection of Parrot Jungle Trail with the on/off ramps to the MacArthur Causeway on the north side of the island. The study also includes the MacArthur Causeway corridor. 3. Site Access: As noted in Exhibit 4, all access to the site is from the island perimeter road, Parrot Jungle Trail, which can be accessed from the MacArthur Causeway, both eastbound and westbound. No changes are proposed to the mainline, acceleration, or deceleration lanes on the MacArthur Causeway. All loading for the site is centrally located, accessed from the north end of the site. The driveway analyses indicate that the intersections will operate with reasonable levels of service, except URS Corporation Lakeshore Complex 5100 NW 33rd Avenue. Sulte 150 Fort Lauderdale, Ft. 33309-6375 Tel: 954.739.1881 Fax: 954.739.1789 04/29/2004 17:07 305531: FLAGSTONE PAGE 03 1,5/19/2004 12:23 FAX t6004/016 Submitted Into the public record in connection with ,�� item P 2- on -4 f Priscilla A. Thompson City Clerk Ms. Litia 1. Medina Island Gardens - Traffic Impact Analysis Review Memo May 19, 2004 Page 2 of 3 for driveway #3, which is the main garage entrance. While the perimeter road at this intersection is expected to continue to operate acceptably, the queuing from the main garage left turn exit is expected to be 30 vehicles. The garage will be gate controlled for both inbound and outbound movements, however no queuing analysis has been provided. A genera! estimate of the queuing would indicate the need to accommodate approximately 10 to 15 vehicles at the gates. The applicant has indicated that the geometry of the garage entrance will be adjusted as needed to facilitate on -site circulation as the project continues through the site planning process. 4. Data Collection: Two hours of P.M. turning movement count (TMC) data were collected at the study intersection. The data were collected Thursday, March 18, 2004 and are provided in Appendix C. A lane assignment sketch is provided in Exhibit 2. 5. Adjustment Factors: Year 2002 FDOT peak season adjustment factors were Incorporated into the analysis, which is acceptable. Downtown DRI Watson island factors have been applied, for occupancy, person -trip conversion, transit and pedestrian reductions, and growth to current year, which is also acceptable. Existing Conditions Capacity Analysis: An existing conditions analysis for the corridors (person trip) and intersections (HCS2000) was conducted. Under existing conditions, both the study intersection and the study corridor operate with acceptable LOS. Planned Roadway Improvements: A review was made of the 2003 TIP and the 2025 LRE. Neither source indicates shows any planned or programmed capacity improvement projects within the study area. The site plan indicates the future seaport tunnel, adjacent to the MacArthur Causeway. 8. Background Traffic: A weighted adjusted compound growth rate of 0.84% per year was applied to both the intersection and corridor analyses, consistent with the rate approved for the study area in the Downtown DRI, which is acceptable. This growth accounts for unidentified projects in the area, along with Parrot Jungle. 9. Committed Developments: The traffic from one committed development project in the area was included in the analysis, the Portofino project, consistent with the Downtown DRI. 10. Trip Generation: The trip generation for the site is from the 6th Edition of the ITE Trip Generation manual, which is acceptable. The methodology 04/29/2004 17:07 3055313- 05/1y/2004 12:24 FAA URS Ms, Lilia I. Medina Island Gardens - Traffic Impact Analysis Review Memo May 19, 2004 Page 3 of 3 FLAGSTONE PAGE 04 lJVUa/V10 Submitted Into the public record in connection with item F 2 . on 6 xi -0 c4 Priscilla A. Thompson City Clerk follows the City's methodology, with appropriate reduction percentages for vehicle occupancy, transit, and pedestrian/bicycle trips. The project is estimated to generate a gross total of 1,510 P.M. peak hour trips, and, after reductions, a net total of 1,135 P.M. peak hour trips. Trip Distribution: The project is located within new TAZ 510. As part of the Downtown DRI process, a full FSUTMS model was created. We agree with the project distribution Exhibit J-10 E and it was correctly applied in the study Appendix D Future With Project table. 12. Future Conditions Capacity Analysis: The HCS analyses of future conditions with project are consistent with the existing conditions analyses. The analyses indicate that the study intersections and corridors will operate with acceptable LOS under future volume conditions with the project. We find that the report with the additional revised information adequately quantifies the traffic impacts from the project and is sufficient. Note, no queuing analysis has been provided and the applicant has indicated that the site plan geometry of the garage entrance will be adjusted as needed to facilitate on -site circulation, all of which must be addressed as the project continues through the site planning process. It is our understanding that a completely revised, bound report, inclusive of all the attached revised information will be provided to the City - please look for that submittal. Attachments 04/23/2004 17:07 30553137 05/10/2004 12:24 FAX cuo l q/ coo4 r,7: Q3 40744441db Island Gardens MUSPTrafic bnpact shay FLAGSTONE DAv i 11 NLUMMERANDASSO PAGE 05 rMtSiy4/Ulti Island from the east and wcat. Corridor capacity analysis was performed for the two segments of the MacArthur Causeway and intersection capacity analysis was -performed for the intersection of Parrot Jungle Trail / MacArthur Causeway westbound ramps and the proposed project driveways. 1.2 Study Objective The objective of this traffic study is to assess possible PM peak hour impacts on the project area coi,idors using the person -trip corridor capacity method. This method is designed to meet the challenges posed by Florida's growth management laws: to promote compact urban development, discourage suburban sprawl and improve urban mobility. This method is consistent with the City's Comprehensive Plan and proznotes improved transportation efficiency through increased private vehicle occupancies, making mass transit a full partner in the urban transportation system. Submitted Into the public record in connection with item a -1- on -� Priscilla A. Thompson ri C}e� Pagel 04/29/2004 17: 07 305531 7 nsi1aizuu4 1L:z4 rnt 07/ 1 t7/ 1004 ay: ed A154444996 ltla.4 Carden: MUsr 7YiO5rircaet study FLAGSTONE DAVID PLUMMERANDASSO PAGE 06 PAGE v 63 + 2.0 EXISTING TRAFFIC CONDITIONS 2.1 Data Collection Data collection for this study included roadway characteristics, intersection data, and intersection volumes. The data collection effort is described in detail in the following sections. Submitted Into the public 2.1.1 Roadway Characteristics record in connection with item Z. 1 on G-..141.0cl Priscilla A. Thompson Parrot Jungle Trail City Clerk Parrot Jungle Trail is the perimeter road around Watson Island. The road is a two-lane, two-way roadway providing access from the MacArthur Causeway to locations on Watson Island. Vehicles approaching from the west (traveling eastbound) exit the MacArthur Causeway onto Parrot Jungle Trail onto the south aide of Watson Island. To return, in order to access the MacArthur Causeway westbound, vehicles must continue on Parrot Jungle Trail and go under the MacArthur Causeway to the north side of Watson Island to access the westbound on ramps. Similarly, vehicles approaching from the cast (traveling westbound) exit the MacArthur Causeway onto Parrot Iungle Trail onto the north side of Watson Island. To return, le order to access the MacArthur Causeway eastbound, vehicles must continue on Parrot Jungle Trail and go under the MacArthur Causeway to the south side of Watson island to access the eastbound on ramps. Acceleration/deceleration lamps exist for vehicles approaching/departing MacArthur Causeway to/from Watson Island. On -street parking is not permitted along this perimeter road. 2.1.2 traffic Counts Consistent with the methodology submitted to and approved by the City, peak period vehicle turning movement counts were collected at the intersection under study. Seasonal adjustment factors were obtained from the Florida Department of Transportation (FDOT). Traffic counts are included in Appendix C. Exhibit 2 shows the adjusted 2004 PM peak season, peak period hour traffic volumes at the study intersection. Segment volumes on the MacArthur Causeway are reported in Appendix A (Transportation Assessment_ Proposed Boundary Change to the Downtown Miami DDRI Increment IL) Pages 04/29/2004 17:07 3055313T 05/19/2004 12:24 FAX ' co/ t. to/ Ltln4 5. 3054444986 Island Carders MUSPTrek Impact SIHdy FLAGSTONE DAVID PLUMMERANDASSO PAGE 07 tjEVVV. VIV PAG04 4.4 Future Corridor Capacity Analysis Future traffic conditions for the project area corridors arc reported in Appendix A, in Table 21.D10(R), year 2009 Person Trip Conditions, in the Transportation Assessment: Proposed . Boundary Change to the Downtown Miami DDRI Increment 11 on page 82. All corridors analyzed are projected to operate within the established LOS E threshold. Submitted Into the public record in connection with item P2.. s- on t, - -D tf 4.5 Future Intersection Capacity_Analysls Priscilla A. Thompson City Clerk Background growth and committed development trips were combined with the adjusted 2004 existing traffic to get the total year 2009 vehicular traffic without project on the study intersections. The project trips were then added to obtain the future with traffic volumes. Exhibit 5 shows the project PM peak hour trips and Exhibit 6 shows the total (with project) PM peak hour vehicular traffic volumes at the intersections under study. All intersections operate within the LOS E standard adopted by the city. Exhibit 7 shows the resulting LOS at the intersections under atudy. Intersection capacity analysis worksheets and the intersection assignment matrix arc provided in Appendix D. Exhibit 7 Future Intersection Level of Service Weekday PM Pectic C mditen�a Intstsertian Traffic Control Future w/ Project Parrot Jungle Trail / MacArthur Causeway WB Ramps U C Parrot Jungle Trail / Driveway # 1 U B Parrot Jungle Trail / Driveway # 2 U A Parrot Jungle Trail / Driveway # 3 U AI Parrot Jungle Trail / Driveway # 4 u- --._-, t --- v/c=0.59 -. urut�tJtxed 'Main street LOs Source: D)A Page / I ' 04/29/2004 17:07 305531: 05/19/2004 12:25 FAX • uJJ it+/ LUYJ4 tl7: 7J Jtl54444ytib FLAGSTONE DAVID PLU MERANDASSO atilt , Nis INTERSECTION f DRIVEWAY LEGEND A • PARROTJUNGLE DAWJ MACARTHUR CAUSEWAY RAMPS 1- ACCESS FOR IG MARINA ANT, "FRACT1oNALS` AT K3 LIGHTHOUSE HOTEL .1G MAIN ENTRANCE AND ACCESS FOR "FULL SERVICE" IG UGHTHOUSE HOTEI. 3 - PARKING GARAGE ENTRANCE FOR ALL IG LAND USES - ACCESS ORI EYWY FOR IG RETAIL DRIVE • TAAFFiC VOLUMES GO COUNTER CLOCKWISE AROUND CENTER ISLAND_ 2 PAGE 08 PAGE fly u•mlie• no e • record in conn LI ion item 'PZ . )- on Priscilla A. 9L7.10 m t9 Or_ omP 'ity C fG ISLAND GARDENS TITLE. ISLAND GARDENS MUSP TRAFFIC IMPACT STUDY PROJECT TRIPS E76NAd Na 5 Page 12 son erk ' 04/29/2004 17:07 305531 7 05/19/2004 12:25 FAX 05/18/2004 09:53 3054444986 FLAGSTONE DAVID PLUMMERANDASSO INTERSEC1iON 1 DRIVEWAY WAND A - PARROT JUNGLEDAN MACARTMUR CAUSEWAY RAMPS 1. ACCESS FOR IG MARINA AND "FRACTIONALS" AT 10 UGHTHOUSE HOTEL R - 10 MAIN ENTRANCE AND ACCESS FOR 'FULL SERVICE" 1G LIGHTHOUSE HOTEL 3 - PARKING QARAGE ENTRANCE FOR ALL 1G LAND USER 4 . ACCESS DRIVEWAY FOR H3 RETAIL DRIVE • TRAFFIC VOLUMES GO COUNTER CLOCKWISE AROUNI CENTER ISLAND. PAGE 09 VjV/V1V PAGE 06 Submitted Into the public record in connection with item t'?_?_. on -j-' -- pigGttla A. Thompsonilerk Nn AS 41 1 ID ISLAND GARDENS Jr' ISLAND GARDENS MUSP TRAFFIC IMPACT STUDY Pam: FUTURE WITH PROJECT PM PEAK HOUR VOLUMES D6416R Na 6 Page 1! 3 0 N A 5 1 3054444986 E5/i8/2004 •t••M•c710Y MOY6•200 0 ►44440•414 1i•MAoo 1tt Ornat O4ta N., 11 t1• 1 10 107 Os N T01 t0 b 10 OH is 740 10 la 10 �I 1 Oil MI T•1/ 704 4 M 04 Si 7L141 a0 1r.0.17.14 Nf 017141E 1Y/ 1,14O8e21 NOT 1r 11 •401 sacUM■ PON N 0 MO 0.000 O •OO 040 0 000 000 • O 11 10144 042. 4 4 0.000 1101 0 0000 LOOS 0 100 O00 • 0010 MO0 00 0000 0 4 017 t t •4010 I40 0 0400 a100 0 1000 0000 0 000 1000 0 0410 040 0 2 ►NNP/1A10LU Ss a3 0100 MO 1 00 I400 • 1A0 OEM • •O10 WO 0 a0 000 a 70 11V4 I WA 11 11 I410 010 1 0410 U01 0 •O1• 000 0 001• aac0 • MI• 0010 • 17 1110A1440 11 0 MOO 00 0410 1 0400 um •AO 000i 000 010• OMData 0 It 04114011 RAM 007 14 12 OEM 4400 a 0410 040 0 000 040 0 000 300 0 040 0400 0 11 Ent 71 74 DIM Ol,O n a40 040 0 000 •00 11 01301 000 ID ONO tan L •077 tin vac Witt a • M00 1410 0 04O O40 0 •40 0 0 • •40 WOO 0 0010 0000 0 0 1 went • 4 0003 a000 a •4a l410 • I40 M0 O a a100 • OM 040 • •4A0 0 a n 2 • IVO -. • ODD n10 U 00 040 I OM MOO • •E00 •• 1 . 07 1 •. 11113111141111111:1 NM —4111•1:1111111111 R1'00 d. tT=: K a 1 .. .-.. .:: .Y. 0 1-- a - T. 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IVWOO 1M 01 O00 Olt 4 000 0100 0 000 IMI 10 100 0 OM•0 410 011 1000 • WOO •AO • 0 00 ONO 0 MOO7 04 a a0O 0203 0 I 020. 000 NM 1 0470 ON P 0403 0010 0 000 I.)O 0 a/0 0000 M ea W47 w1a 000 O412 10 000)0 0 040 saxoars 000 0 0 040 0N1 4100 S00 0 • 010 00 1100 SPX a 0 400 0070 QUO 4410 a 0 • • -,77 0000 000 0 0000 003 0 CAM . •• WV a • 0 4.0 Kw 0 0 l�oioe: a E000e; f9 t +.IIIIf-- r ---. 'IIII� 1 MILFZN1'-: fit N0 NOT 0 � 1 Dacia 7•. .,. .1... • • KM 04. 040 ONe •M . Iq 170 0 0a40 ROM 0.17 040 1 • 00 000 01N am• A a0 040 f411 04 0 Lai • 04o SW 140 RCM• i0 1O 0 00 • 137 0401 04? 010 MO 44 77 0034 000 0 000 44100 11001 0000 0 SOO O4111 0 M 00 OIMROA7 N LUO. RJR00 gam O4e 014 O10 IX 1 a 01170 SO0 On Id 6170 •a0 • 10 174 • lama wti 0i0 0070 sae 040o 0 oast MO 0 1 4 INT 911 044 War W91 0000 0440 11401 0110 0010 MO 140 saw 140 airs MallWO• 0.0 Mr 11400 Om0 aw •10 \N a • • 10 • 0 1 00 040 RCM O010 Cam 0110 0140 •40 040 0.010 WO O 100 •410 OM a00 a/10 ►0 NOR 000 4400 0aO 0 0 >• 0 • 0 OOQO WOO490 400 000 040 UM MO 0400 0400 •001 040 0 0 O 0 0 0 15 • 004 0 0 0 111/010 • 100 a 0 0 •••• .. 1396 1300 .1 C.0 0.11 01 „ oD ,-�nIn 10r Submitted Into the public record in connectio w• h item on _ a Priscilla A. Th pson City Clerk IV3 SZ:ZT 400Z/61/SO 1700Z/6Z/170 3NOISE V13 04/29/2004 17:07 305531 7 -U5/19/2004 12:25 FAX FLAGSTONE no/listtens ed:nd 3bb444498& DAVID PLLIMMERANDASSO HCS2000: Uneignalized Intersections Release 4.1d Two -WAY STOP CONTROL SUMMARY Analyst: DPA Agency/co.: Date Performed: REV 5/17/2004 Analysis Time Period, PM PEAK FUTURE W PROJ Intersection: PARROT JNGL TR/RAMPS Jurisdiction: CITY OF MIAMI Units: U. S. Customary Analysis Year: 2009 Project ID: FLAGSTONE ISLAND GARDENS 002103 East/West Street: PARROT JUNGLE TRAIL North/South Street: MACARTHUR CAUSEWAY RAMPS. Intersection Orientation: NS Study period PAGE 11 PAGED 12' 016 Submitted Into the public record in connectionwsith item ?2. - on 04 Priscilla A. Thompson City Clerk (hrs): 0.25 vehicle Volumes and Adjustments Major Street: Approach Northbound Movement 1 2 3 L T R -Southbound 4 5 6 L T R Volume Peak -Hour Factor, PHF Hourly Flow Rate, NPR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 102 0.92 110 2 Undivided 0 2 0 LT TR No 4 0.92 4 2 0.92 2 2 25 0.92 27 0 1 0 LTR No 17 0.92 18 Minor Street: Approach Movement Westbound 7 8 9 L T R Eastbound 10 11 12 1 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, NPR Percent Heavy Vehicles Percent Grade (%) Flared Approach: Lanes Configuration Exists?/Storage 8 3 2 21 15 551 0.92 0.92 0.92 0.92 0.92 0.92 8 3 2 22 16 598 2 2 2 2 2 2 0 0 No / No 0 1 0 1 1 0 LTR L TR Delay, Queue Length, and Level of Approach NB SE Westbound Movement 1 4 17 8 9 Lane Config LT LTR I LTR Service Eastbound 10 11 12 { L TR v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 110 2 1561 1601 0.07 0.00 0.23 0.00 7.5 7.3 A A 13 220 0.06 0.19 22.4 C 22.4 C 22 625 0.04 0.11 11.0 B 13.8 B 614 1009 0.61 4.29 13.9 B 04/29/2004 17:07 30553137 05/19/2004 12:26 FAX co/to/LOW. CIS: DJ Jt90444Witib FLAGSTONE DAVID PLUMMERANDASSO HCS2000: UnsignaLized Intersections Release 4.1d PAGE 12 r c+u u t9JUJo1/Ulo TWO-WAY STOP CONTROL SUMMARY Analyst: DPA Agency/Co.: Date Performed: REV 5/17/2004 Analysis Time Period: PM PEAR FUTURE W PROJ Intersection: PARROT JUNGLE TR/DWY 1 Jurisdiction: CITY OF KIAMI Units: U. S. Customary Analysis rear: 2009 Project ID: FLAGSTONE ISLAND GARDKNS 002103 East/West Street: PARROT JUNGLE TRAIL North/South Street: DRIVEWAY #1 Intersection Orientation: NS Major Street: Submitted Into the public record in connectio w` h item F2 on e, N Priscilla A. Th . pson City Clerk Study period (hrs): 0.25 Vehicle Volumes and Adjustments Approach Northbound Movement 1 2 3 1 4 L T R } L Southbound 5 6 T R Volume Peak -Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 42 515 0.92 0.92 45 559 2 Raised curb 0 1 LT No / 1 208 0.92 226 1 0 TR No 9 0.92 9 Minor Street: Approach Movement Westbound 7 8 9 L T R Eastbound 10 11 12 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, BFR Percent Heavy Vehicles Percent Grade (%) Flared Approach: Exists?/Storage Lanes Configuration 0 45 0.92 48 a 0 0 LR 0 8 0.92 8 2 No / Delay, Queue Length, and Level of Service Approach NB SE Westbound Eastbound Movement 1 4 ! 7 8 9 10 11 Lane Coneig LT LR 12 v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 45 1332 0.03 0.10 7.8 A 56 436 0.13 0.44 14.5 B 14.5 a ' 04/29/2004 17:07 30553137• '05/19/2004 12:26 FAX -- v�,io,worn4 ny:5i 4bb4444986 DAVID PLUMMERANDASSO Hc52000: Vnsignalized Intersections Release 4.1d FLAGSTONE PAGE 13 4 014/016 PAGE 09 TWO-WAY STOP CONTROL SUMMARY Analyst! Agency/Co.: Date Performed: Analysis Time Period: Intersection: Jurisdiction: DPA REV 5/17/2004 PM PEAR FUTURE W PROJ PARROT JVIQGLE TR/DWY 2 CITY OF MIAMI Unita: U. 5. Customary Analysis Year: 2009 Project ID: FLAGSTONE ISLAND GARDENS #02103 East/West street: PARROT JUNGLE TRAIL North/South Street: DRIVEWAY 42 Intersection Orientation: NS Submitted Into the public record in connection with item ('-once )2.,/o q Priscilla A. Thompson City Clerk Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Movement 1 2 3 L T R Southbound 4 5 6 L T R Volume Peak -Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Laney Configuration upstream Signal? 99 460 0.92 0.92 107 499 2 -- Raised curb 0 1 LT No / 1 213 0.92 231 1 0 TR No 22 0.92 23 Minor Street: Approach Movement Westbound 7 8 9 L T R Eastbound 1 10 11 12 1 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) Flared Approach: Exists?/Storage Lanes Configuration 0 / 0 1 5 0.92 5 2 Delay, Approach NE Movement 1 Lane Config LT Queue Length, and Level SB Westbound 4 7 8 of Service Eastbound 9 1 10 11 12 R v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 107 1311 0.08 0.27 8.0 A 9.5 A 5 797 0.01 0.02 9.5 A 04/29/2004 17:07 30553: 7 FLAGSTONE u /1M/YUU4 lz:Lo t'Ad n7/ : ti/ Ltln4 rn : SJ 3d544444Ub DAVID PLUMMERANDASSO PAGE 14 HAWillU10 [[�� 11� HC92000: unsignalized Intersections Release 4.1d TWO-WAY STOP CONTROL SUMMARY Analyst: Agency/Co.: Date Performed: Analysis Time Period Intersection: Jurisdiction: DPA REV 5/17/2004 : PM PEAK FUTURE W PROJ PARROT JUNGLE TR/DWY 3 CITY OF MIAMI Units: U. S. Customary Analysis Year: 2009 Project ID: FLAGSTONE ISLAND GARDENS #02103 East/West Street: PARROT JUNGLE TRAIL North/South Street: DRIVEWAY #3 Intersection Orientation: NS Submitted Into the public record in connection with item riciEk_on Priscilla A. Thompson`ty ork Study period (hre): 0.25 vehicle Volumes and Adjustments Southbound 5 6 T R Major Street: Approach Northbound Movement 1 2 3 L T R 4 L Volume Peak -Hour Factor, PHF Hourly Flow Rate, HFR Percent heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 273 187 0.92 0.92 296 203 2 -- Raised curb 1 1 L T No / 1 141 0.92 153 1 0 TR No 237 0.92 257 Minor Street: Approach Movement Westbound 7 8 9 L T R Eastbound k 10 11 12 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (4) Flared Approach: Exists?/Storage Lanes Configuration 0 428 0.92 465 2 a 1 L R 1 94 0.92 102 2 Delay. Queue Length, and Level of Service Approach NB SH Westbound Movement 1 4 j 7 8 9 I Lane Config L i Eastbound 10 11 12 L R v (vph) 296 C (m) (vph) 1149 v/c 0.26 95% queue length 1.03 Control Delay 9.2 LOS A Approach Delay Approach LOS 465 273 1.70 29.84 363_9 F 300.3 F 102 757 0.13 0.46 10.5 B 84/29/2004 17:07 30553137 FLAGSTONE PAGE 15 •VV/10/sVVV Ji.4U 1AA aw t of Lt104 y654444ydb DPA DPA Phone: E-Mails DAVID PLUMMERANDASSO HCS2000: Unsignaliaed Intersections Release 4.1d Fax: _ROUNDABOUT ANALYSIS Analyst: Agency/Co.: Date Performed: Analysis Time Period Intersection: Jurisdiction: DPA NAIL 1U.L1 lU Submitted into the public record in connectio "th itemZ.1 on Co act 641 Priscilla A. Thompson City Clerk REV 5/17/2004 PM PEAR FUTURE W PROJECT PARROT JUNGLE TRAIL/DRIVEWAY 4 CITY OP' MIAMI Units: U. S. .Cuatoatary Analysis Year: 2004 Project ID: FLAGSTONE ISLAND GARDENS *02103 East/West Street: PARROT JUNGLE TRAIL . North/South Street: DRIVEWAY 4 Volumes and Adjustment Volume PHF Flow Rate Eastbound Westbound L T R L T R 119 0 104 0 0 0 0.95 0.95 0.95 0.95 0.95 0.95 20 0 109 0 0 0 Northbound L T R 0 615 .0 0.95 0.95 0.95 0 647 0 Southbound L T R 44 274 4 0.95 0.95 0.95 46 288 4 Eastbound Approach Flow Rate 129 Conflicting Circulating Flow 334 Critical Critical Gap (sec); Upper bound Lower bound Follow-up Time (sec): Upper bound Lower bound Westbound 0 667 Gap and Pe110w-up Tiwa 4.10 4.10 4.60 4.60 2.60 2.60 3.10 3.10 Results; Capacity (Eq. 10-124): upper bound 1065 Lower bound 872 v/c Ratio; Upper bound 0.12 Lower bound 0.15 Northbound 647 66 Southbound 338 0 4.10 4.60 2.60 3.10 4.10 4.60 2.60 3.10 Capacity and v/c Ratio 816 650 1315 1097 0.00 0.49 0.00 0.59 0 0 06/18/2004 10:38 3054444985 DAVID PLUMMERANDASSO PAGE 01 P • t-it' Fax Note 7671 DAVID PLUMMER & ASSOCIATES, INC. TRANSPORTATION • CIVIL • STRUCTURAL • ENVIRONMENTAL To: Affiliation: From: RE: cc: Facsimile Transmission Ms. Jenn King, PE URS Corporation Sonia Shreffler-Bogart, PE Flagstone Island Gardens - #02103 L. Medina, J. Herndon, J. Burke; file Fax #: Phone #: Date: Pages: Phona S F • (954) 739-1789 (954) 739-1881 June 17, 2004 3 page(s), including cover Jenn: Following is the queuing analysis for the site plan submitted in the MUSP application. Based on the analysis, the stacking area required at the gate for the inbound traffic is 150 feet per lane. This distance can easily be accommodated within the parking garage, as shown. This issue is the only outstanding issue for the MUSP traffic study. Upon your review and approval of this item, your response would be greatly appreciated. If you have any questions you can contact me at (305) 447-0900, I look forward to hearing from you. queuing fax_doe 1750 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPHONE: 305 447.0900, FAX 305 444-4988 Submitted Into the public record in connection with item � on —gin pralla A. illity Clerk PAGE 113 x RCVD AT 611812004 10:39:40 AM (Eastern Daylight Timej SVR:FAXSERVERII51 DNIS:7181' CSID:3054444986 DURATION (mm•ss):01.44 PAGE 213 z RCVD AT 611812004 10:39:40 AM [Eastern Daylight Time rre Direction Inbound Outbound ea Entrance/Exil Volume ehicies 510 522 Total PM Peak 15 minutes (Vehicles) 510x50%=255 Island Gardena MUSP Stacking and Queuing at Parking Garage PM Peak Net External Trips Process Rate' at Entrance (vehhoin) The Dimensions 01 Parking, Second Edition. Urban Land Institute, 0, i3 8.0 -10.0 *of Lanes 2 e ce ng during Peak 15 minutes before state of ' ueue 15 min x 8 vehVmin = 120 veNlane Length of Queue (Vehicles) (255 - 240) = 15 vehicles 261 < 270, no queue Length of Queue (Peet) 15'20 feet per vehicle/2 lanes=150 feet per lane NA Queuing calculations based on PM peak hour garage IoadGng assumed 50% of peak hourly volume occurs during ft conservatively pass through the mechanical arm at a rate of sbc to ten vehicles per minute, eight was used for inbound and six for outbound (accountis. With automated ng for cashier). can . aacoomodalion of 120 inbound and 90 outbound vehicles In 15 minutes per lane, before the queue starts to form. 9 ) This resutis in a -n m ti00Z/8I/90 986bbbb50E 06/18/2004 10:38 3054444986 DAVID PLUMMERANDASSO PAGE 03 mitted Into the pus ' 'f record in connecti item Pz o Prisall - = hompson City Cle PAGE 3I3 * RCVD AT 61181200410:39:40 AM (Eastern Daylight Time] SVR:PAXSERVERI15 * DNIS:llVl * CSID:3054444986 * DURATION (mm•ssI:01.44 FLAGSTONE island Gardena LLC TO: City of Miami, Florida Members of the Planning Advisory Board DATE: June 2, 2004 Joseph L. Herndon Project Director Island Gardens Watson Island, Miami, Florida Submitted Into the public record in connection with item ?2. on 4 -'/-a1( Priscilla A. Thompson City Clerk RE: Flagstone Island Gardens & Watson Island Workshops of May 24 & 26, FINDINGS & PROCEDURES: Email requests to attend the workshops on May 24 & May 26 were sent to the following groups: PARROT JUNGLE CHILDREN'S MUSEUM FISH MARKETS 1000 VENETIAN WAY VENETIAN CAUSEWAY NEIGHBORHOOD ASSOCIATION MIAMI YACHT CLUB MIAMI OUTBOARD CLUB Follow-ups with each contact were made by phone. At the Workshops, a presentation was provided to familiarize participants with the history, objectives, design, and status of the project. Architects provided digital tours and boards of the project. Representatives from the City, FDOT, Turnpike Authority, and Police attended. Engineers for the Tunnel & BayLink projects provided an overview of those projects and the limitations to Right -of -Way modifications. The 08-24 Workshop had 43 attendees including representatives of all groups as follow: CITY OF MIAMI BEACH DOWNTOWN DEVELOPMENT AUTHORITY URBAN ENVIRONMENT LEAGUE PARROTT JUNGLE CHILDREN'S MUSEUM MIAMI OUTBOARD CLUB 1000 VENETIAN CAUSEWAY VENETIAN CAUSEWAY NEIGHBORHOOD ALLIANCE The 08-26 Workshop was held in the Community Room at 1000 Venetian Causeway. 44 people attended representative of: 1000 VENETIAN CAUSEWAY VENETIAN CAUSEWAY NEIGHBORHOOD ALLIANCE MIAMI YACHT CLUB PLANNING ADVISORY BOARD MEMBER, KATHY LOEFT At both meetings, the following list of "Concerns and Requests" was centrally displayed. Additions, Modifications, and Deletions were made to the list. Flagstone Island Gardens, LLC. 1674 Meridian Ave, Suite 300, Miami Beach, Florida 33139 USA Tel 305-531-3747 Fax 305-531-3748 05-24-04 FIG Neighborhood Workshop Formsv7A.xlsFindings 1 M.AosTo.E ISLAND GA1r9BI$ LUC. WATSON ISLAND NEIGHBORHOOD WORKSHOPS Page 2 of 8 At both meetings, the following list of "Concerns and Requests" was centrally displayed Additions, Modifications, and Deletions were made to the list. Each person and each group was specifically requested at the opening meeting to confirm that 1. This was the entire list of topics from their group 2. They were satisfied that the list was accurate The entire Iist of topics was then circulated to all groups by email and fax the following morning. Groups were asked to make additions, deletions, or modifications. In fght of the upcoming holiday, and in order to provide Flagstone adequate time to prepare responses for the special Planning Advisory Board meeting on Wednesday, June 2, 2004, all recipients were asked to retum any changes to the list by close of day, Thursday, May 27. Additional responses were received only from the Children's Museum. The Iist can be sorted by Group, Topic, or Response. There are 49 requests on the following topics: L TOPIC 7 TRAFFIC 7 USE 6 PARKING 5 ROAD 4 VIEWS 3 ACCESS 3 BENEFITS 3 NOISE 3 SECURITY 2 FISH MKT 2 SHADOWS 1 BOATS 1 SCHOOL 1 SCREEN 1 SITE The number of issues by Group is as follows: No, GROUP 18 CHILDREN'S MUSEUM 13 1000 VENETIAN WAY 9 PARROT JUNGLE 7 URBAN ENVIRONMENT LEAGUE 2 MIAMI YACHT CLUB 1 FISH MARKETS Of the 49 requests, Responses can be provided in the following categories: NO. RESPONSE 22 Inaccurate 10 8 S 2 Agreed Not Agreed Condition Unrelated Submitted Into the public record in connection W(th item on Priscilla A. Thompson City Clerk Given our limited time for presentation, we have selected to sort by Response, then by Topic, then by Group. 05-24-04 FIG Neiahbortrood Wakshoo Formev7AJdsFindinas 2 PAGE 3 OF II FLAGSTONE ISLAND GARDENS. LLC WATSON ISLAND NEIGHBORHOOD WORKSHOPS OF MAY 24 & 26, 2004 -Th following is Vie fist of "Concerns & Requests" made of th. Island Ganiens Project by the 'Grote" and Bed by the Groups at the Neighborhood Workshops of May 24 and 28. These Moms wU be presented to th. -.ty of Miami Planning Advisory Board at their Special Meethig on June 2, at which time responses MI be provided by Flagstone Island Gardens, LLC. Submitted Into the public record in connection with item P z • )- on Li Priscilla A. Thompson City Clerk IFIIIIIII7/111. I I. II 11111-; IL. , ; . .1_111111 El111111r111_ 1,1. I ..:r17-111111111111 ICI 1-:771111•11111 -1"111 r1tLu 11111111. I ..1T-711111111111.=17..11.;= I• , I F-741111111111111L._.41..L4 ,• 1111111101111. t1:711111111111111.z._E.,"i • 111111111121111 E: •-•,71:111 1-Z..7L. -11._•1 II Ay" • 111111FAIIII t- IF11111L2/11111=1111111.13.LiaLf2.121L:-!,1-3,4.2.....Z...4,..__ALL • 11_ 20 t - IT1111111k... =....1111111 k A gri. .1.1M111. I L.A.-737111 M.- II ii/....LI.iil...--111/- 11/ IIIIWAIIII i----.111 P7:1 I c it: • m. k 1 , ..- \ . I 1E1 111M1All• 1 1.',7 M=/I-A111 77.-7.4AL-4,-k-a-IL.P.--.-. m • givAgN =Tim --i....... . . • 6 •,.. III 1111111V/1M, In.. ,i-'11111 'ell. -: , -,...___,..iit.,—.21.7..721:Lf..N,P.F.A.1:_aDiLLA,.A.LIALL-3.2.31,11111111111111111•11111111 rrrr71111 F1 111117.-All F11111111M11. I i( a. III . gr..i.,11a ii___.,„ .... ...... FI tiIIt 111111111 - IF71 =MIN ra 1111117A. IIII =IMO r:iI ..:=1111MII Ir1101171111 ra MUM EII 11111=11111 1E1 MILL= F=rilo .1 • .4_11 O. I • PLAN FINANCIAL BENEFITS TO CITY ETC NOT PROVIDING ENOUGH PUBLIC ACCESS & AMENITY GUARANTEES PERMIT • = BOATS PARKING FLYOVER • NPROVE TRAFFIC CONGESTION • • , • TE LAND IS COMPETITIVE n A • ' - , - • , WITH MUSEUM c TE •....ak• MUSEUM :it FROM PLANNED ROAD PROVIDE ••...0-,..--ita_.•11-0 ST e . I • PLAN STAFF TO PROVIDE • CREDENTIALS PROVIDE PEDSTRINI FROM • • , • TO MUSEUM SPECIFICALLY FOR CHILDREN = PARKING FOR FACIUTY AND STAFF 14V CM CU CU VW VW VIV VW& PJ VW GM VW CM CU CM [117A111111111111 Il, J• ell -1.7.AIV:e1:1=- liar..1:111ZrA UZ, • •'• • LANDSCAPE & SCREENING TiGARAGE 1 t c SHOULD NOT BE OFFENSIVE • Y DISTURB ANNALS NOISE MAY BE , •• e CONTROL SOUND FROM • - • = • ALUATE SPECIAL EVENTS (OFFSITEll ONSITE&WEEKENDS) TRAFFIC AND PARKING AND CTIONS SCALE BACK PROJECT PARKING ROAD PROVIDE FREE PARKING BUILD 2ND GARAGE ON DOSP SITE SOUTH OF MUSEUM SOLVE -ISLAND INK* OVERFLOW PARKING NEEDS OF SPECIAL EVENTS LIMIT USE OF SOUTH ROAD BY VALET & OTHER USERS SERVICE VEHICLES. GARBAGE TRUCKS AND OTHERS SHOULD ONLY EXIT THE PROJECT FROM THE NORTH/WEST END ISLAND GARDENS SHOULD ASSUME COSTS FOR PLANNED ROADWAYS IMPROVEMENTS .7.71111111 .r-Trris ..r7rins =am Condition 10X77,11- • I Not Agreed Not reed LEGEND: PJ • PARROT JUNGLE cM •• CHILDRENS MUSEUM FM = VW - VC = UEL • MYC &IOC 1000 VEIVE77AN WAY VENE77AN CAUSEWAY NEIGHBORHOOD ASSOCIATION CITY COMMISSION, MIAMI BEACH URBAN ENVIRONMENT LEAGUE AfIAMI YACHT CLUB "MAK OUTBOARD CLUB 05-24-04 FIG Neighborhood Workshop Fonnsv7A.xisUST FLAGSTONE ISLAND GARDENS, LLC. WATSON ISLAND WORKSHOPS 06-02-04 PAGE 4 CFI! WATSON ISLAND NEIGHBORHOOD WORKSHOPS OF NAY 24 & 26, 2004 The following is the list of "Concerns & Requests" made of the Island Gardens Project by the "Groups" and verified by the Groups at the Neighborhood Viforkshops of May 24 and 26. These items will be presented to the City of Miami Planning Advisory Board at their Special Meeting on June 2, at which time responses will be provided by Flagstone Island Gardens, LLC. UNRELATED 1 CM SCHOOL ®SUPPORT CHARTER SCHOOL Flagstone hair not opposed the Ck*i n'sMueawuproposal fora CharterSchool but believes there are several !sears that weed resolution; This issue is unrelated b the Question before us today. 2 PJ TRAFFIC UBUILD FLYOVER TO IMPROVE TRAFFIC CONGESTION 3 VW INACCURATE Yoh -over is ever desk* twill beamatter between' FDOTand Ise City c/MI , sir day emery! allsheland and right wgys. It world have to add additional nigh/ -nary and would leave kr be compliant with the proposed lime 1Road andBenin*, wham reprimands will not be brownfor or several>wars to came: It is unrelated to the Question before ors today. © RESOLVE LEFT TURNS ONTO Nta*SCUS li STAR ISLANDS BACKUP TRAFFIC This is are e d ti g situation within Miami Bead: and is rselated 10 the Question before us today. 1 UEL USE ©INAPPROPRIATE USE OF LAND Consistent with Master Plan paned Jan. 25, 1996 wind, man adopted ruawfoudy by PAB on 01-17-96 subsequent to Raba Hearing (PAB 2-96). The Flagstone project paused Nov. 2001 General Election Refer -endue" by 68% 2 UEL USE ©TIME SHARES PROHIBITED 3 UEL 6 City s "MP" stand no residential uses permtttee4 but hotel and offering of ce tabi tfnae swine licences are. The referendum included tone shams. The lease between Flagstone and the City (the "Lease) provides that Flagstone is entitled to sell timeshare licenses which comply watt Section 721.05(35), FS : 35 "Timeshare license" mean s a right to occupy a tbrae chore unit Ninth right is neither coupled with a freehold interest, nor coupled with an estate foryears with a f btwe Miens* in a tiueilwre property" The lice/tans, which will be sold by Flagstone, fully comply with that statute. HOTEL USE IS MORE THAN 20 ACRES The ensure land side lease panel is only 10.7 aces, aid the hotels are only Ovation of that area 4 UEL fPRNATE CLUBS NOT PERMITTED There are ;so 'Private Clubs" Staff lounges are for crews and are required by industry standards. 5 PJ IIIMEET1NG SPACE IS COMPETITIVE 6 PJ 9 Conversely, Island Gardens could be Parent hwgk's largest referral and repeat client Pricing could also give Parrot hangk a competitive edge. PARKING BELOW MACARTHUR BRIDGE IS COMPETITIVE Island Gardens primary need is access to the Loading Docks and Fish Market parking. DOSP is the 'manager gt'the parking areas and will maintain fair pobdes, by providing Parrot Jhwak AND Childros :s Musemm priority bus parking. A presentation is available 015-2FIG Nelphbothood Waricehop Fa,n..rnw.PONSES Submitted Into the public record in connection wit item _EL, on Priscilla A. Thompson City Clerk FLAGSTONE ISLAND GARDENS, LLC. WATSON ISLAND NBG BORHOOD WORKSHOPS INACCURATE (cone) 06-02-04 PAGE Ni OF 1 7 PJ SHADOWS 10 SHADOWS RESTRICT PARROT JUNGLES LANDSCAPE GROWTH Island Gardens shadows ennoa& Parrot Jhasgkonly after 6PMitSommer tamale, and cannot effect lad cape growth. A eaesentadon is reelable. 8 CM ®SHADOWS IMPACT CHILDREN MUSEUM'S PLAY AREA bled Garden shadows do not arc oath upon the Children's Miaow play areas. A presentation is ava0sMk. 9 PJ VIEWS ®VIEWS FROM PARROT JUNGLE'S BANQUET ROOMS WILL BE RESTRICTED Parrot hlgle s banquet morns views are SonhtFwestand are math gfOiildhrn sAbea n and are not restricted by Island Gardens. A swesahtadow kpvaJsbia 10 VW 1111000 VENETIAN CAUSEWAY'S VIEWS OF DOWNTOWN WILL BE RESTRICTED Project is 1340 FT distant from Venetian Island P artt'sSplit Tower design permits rpperf oar residents of 1000 Venda,. Caasrway to see dowhdamn as well oar landscaped roofs.Caapetig RFP poposas featured a 4S story single atruahr w with larger base and mass A eraaatadon le avai s*. 11 VW PICTURE FROM 1000 VENETIAN CAUSEWAY 18 NOT TRUE PERSPECTIVE Illustration was adadated for beigh4 distance & perspective and laid over actual photo from 1000 Venetian Calaway. 12 FM FISH MKT ®EXISTING FISH MARKET NOT INCLUDED Despite Fisk Markets' attorney reseal to let at sweet with the editing Fish Market; we managed to have soon productive naestbags that resulted in a possum, location, and nenfis bingpiers. We provided a Lease with very favorobk terns The Fisk Markets responded byfiling a law salt against us for business beterference. The suit refflabs active A fel cove of d oorra000ianee i avdabk. 13 UEL ®FISH MARKET ACCESS IS RESTRICTED In fact Fish Market is acaessibk to the project, and to residents as well. 14 MYC SECURITY ®SECURITY OF WATSON ISLAND WITH INCREASED NUMBER OF PEOPLE Seavity will actually hicrease with noun people, with 'easily personnel and apparatus. 15 PJ PARKING ®PARKING ON WATSON ISLAND I8 NOT ADEQUATE 16 PJ TRAFFIC 19 As long as island tenants do not honed their positing capacity, par*bg will be adeguate. CURRENT ISLAND ROADWAY DEFICIENCY RESULTS IN TRAFFIC ISSUES 17 MYC 20 Local Traffic Study is rrgwbrdfor the MLSP to include driveways and nearby intersections. Current roadways are designed for higher traffic levels than the combined MEW Drift Analyses ofldand Gardens, Parrot Jungle, and the Children's Museum and the other bled knums, all together. The results met the required applicable LOS Level of Service Standards, but nevertheless, will pay regional transportation mitigation fees Traffic bottlenecks have only ocao ved fronh island sources at periods QfSpedal Events. JUSpedal Events parking is restricted to anailabk parking spaces, the only source of traffic bottkneaks will be Miami Beach Special Events. The pojed's Traffic Study methodologies and results have been reviewed by 2 State Agencies, I Regional Agency, 2 Quad -Public Authorities 2 City Agencies, 5 Traffic Consultants. RESOLVE TRAFFIC IMPACTS TO EMERGENCY VEHICLES AND EXITS 18 VW 05.2444 FIG NNahborhood Workshop Famw7A d ESPONSES There is no deaege to emergency access routes Flagstone will support any island wide evaluation of emergency services and MacArthur exits by the City. ®INCLUDE VENETIAN CAUSEWAY IN TRAFFIC STUDIES FOR NOPC Venetian Causeway wigs included in the Traffic Snhd?esfor the AMC. The NOPC expanded the Downtown DRI to Watson Island It bnciuded both venetian Causeway and Miami Beath. The DRl trips remained constant, and no signrwant charges to traffic impacts were identified: Submitted Into the public record in connection wit item f Z • 2 on <-1 05/ Priscilla A. Thompson City Clerk FLAGSTONE ISLAND GARDENS, LLC. WATSON ISLAND NeGHBORHOOD WORKSHOPS INACCURATE (cone) 00-8244 PAGE SOF$ 19 VW IIINCLUOE EVACUATION PLAN PEVA regr/des d/ hotel evacuations whidt is ahwy�sprior to any residential evacroadon Hotel operations will provide coordinated Moricabre Action Pbas 20 VW BENEFITS REALISTIC FINANCIAL BENEFITS TO CITY, ETC In fare financial benefits nwy be understated since evaluations used conservative numbers. Economists are available for questions 21 UEL ®NOT PROVIDING ENOUGH PUBLIC ACCESS i AMENITY BENEFITS PROVIDED BY FLAGSTONE: Maritime Gallery Waterfront Promenade Roadway burrovemen s, Landscaping turd Beautification Fish Market Fishing Pier GardenArras Aeassible to the Public (more tram 60%) Fairchild Tropical Gardens & Historical Museum ofSouth Florida Waterfront Cascade Fountain, Caribbean CuCulinntlForstabt, Interactive FoumtaWPerfarrntee Stage, Maritime Memorial Fob Reflecting Pool, Arrival Foretells, and Fosretatm ofSaile Festival Calendar Varied Price Point Retail Shops and Restatrnnrds Submitted Into the public Civic Arts Trust record in connectiorwth $2,000,000 Annual Lease guarantees; plus percentage rental revenge item ( pa , a on G 0 4 31,000,000Annual Construction Rent i Recurring City Tax Income S4,313,865 Priscilla A. Thompson Recurring County Taxes S6,813,782 City Clerk One-time Fee Bemef tr $3,460,566 OveraUEconomic Impact S521.7Millionn 950 FIE, & 3,040 Constrsrction Jobs ADDITIONAL BENEFITS PROVIDED BY FLAGSTONE: S1,000,0 0 for Additional Public Benefits Master Plan forSouth Pa* & Improvements to Saudi Park UEL AMENITY GUARANTEES The Lease, and all pendrng land use approvals require drat the property be developed in compliance with the site plan approved under the MUSP process. All of doe site plans dearly include the PublicAmadties The Lease incorporates by referencing F7agst, au s proposal submitted bs response to the RFP. That proposal dearly outlines all public amenities to be provided by Flagstone. AGREED 1 VW BOATS PERMIT TRANS1ENT BOATS DERM has agreed to permit lbndted short term Mansholt boats to dock an the Fishing Pier 2 CM ROAD EDNTRY BLVD (SOUTH a EL S) SHOULD BE BOTH Rag store will make drts concession requested by the Chilaben's Muaeu. 3 CM ® DROP OFF SHOULD MAINTAIN CM PEDESTRIAN PLAZA 4 CM 29 Flagstone will make this concession requested by the Children's Museum. MINIMIZE ELEVATION DIFFERENCE OF PERIMETER ROAD 1 NITH MUSEUM Flagstone Ls regretted to comply with both FDOT and City roadway and engineering standards, but will attempt to minimize the differences as requested by the Qdldr en's Museum. 06-24-04 FIG Neighborhood Workshop Fanw7AeleRESPONSES FLAGSTONE ISLAND °ARDENS. LLC. WATSON ISLAND NEIGHBORHOOD NIORKSHOPS 06-02-04 PAGE 7OF• AGREED (cont) 5 CM StMiTIGATE DRAINAGE ONTO MUSEUM SITE FROM PLANNED ROAD Fbgstane is regretted Io comply with both FDOT and City roadway and engineering standards including drainage, and will address this issue as reguumted by the Children'sAlmaema 6 CM SECURITY ®PROVIDE CONSTRUCTION STAGING OPERATIONS PLAN 7 CM Flagstone agrees to City review and approval of a construction staging and operations plan. ®CONSTRUCTION STAFF TO PROVIDE IDENTITY CREDENTIALS Flagstone agrees o City review and approval (fan Wad wide secsaity plan that includes all tenants as well as construction worker, vendor, and transporter identification. 8 CM ACCESS ®PROVIDE PEDESTRIAN ACCESS FROM PROJECT TO MUSEUM SPECIFICALLY FOR CHILDREN AND DISABLED Flagstone agrees to provide ADA compliant wadtwaj s and lifts as squired by Code, as well as coordinated provisions of an operational scarily plan relative to children, that is supervised by the City. 9 CM PARKING ®PROVIDE SUFFICIENT PARKING FOR FACILITY AND STAFF To the contrary. Flagstone has exceeded parking rwpui awwa s iacad6g hotel% retail, marina% and skiff ad is an record that at peak it uilI shank stq thorn or idodstations adpa*ing locations. 10 CM gAVOID ENCROACHMENT ON MUSEUM PARKWNG SPACES 1t would be contrary to good policy and relations f or Flagstone to eneroa h on Museum parking spares CONDITIONAL 1 CM SCREEN ® PROVIDE LANDSCAPE & SCREENING TO GARAGE Flagstone agrees and dearer the lerdsape approach to its game elevations` However, the CMldrert'sMuseun and 1000 Venetian Causeway resident should request shaft condition since the Urban Design Review Bond stipulated an architectural sal aka 6n lieu of a landscape solution to this issue. 2 VW VIEWS ®BUILDING LJGHTING SHOULD NOT BE OFFENSIVE Flagstone agrees that in addition to the aereNadi eraJBadk*gDepartm set regulations governing exterior lighting, that the C1 yAasl chat Director rePlarnbg and Zoning be empowered to review and asaro that each island tenant's exterior fightbg is not offensese o it's neighbors. 3 PJ NOISE ® NOISE MAY DISTURB ANIMALS 4 VW 39 Flagstone agrees that CttyAssirlort Die for afPlanning and Zoning be empowered to review aid assure that each island terrad's noise control, abatement, and reduction *divides are not offensive to their neighbors. NOISE MAY BE DISTURBING 5 VW 30 Saar as #3d CONTROL SOUND FROM PROMENADE Sane as #38 & #39. 6 VW& PJ TRAFFIC ®EVALUATE SPECIAL EVENTS (OFFSITEB ONSITE WEEKENDS) TRAFFIC AND PARKING AND PROJECTIONS The C1iy's traffic consultants haw looted beyond the refor the MacArthur Causeway. The data shows that weerkend peak hourly vwoiares+C29 am lower than weekday peak hoar vvhsmea Flagstone agrees to participate with all other island tenants in development, docranartatfa; and a gorcemt rut afCity Class I Special Event Perndts. Based on the MUSP Tragic Studies, Flagstone will pay regional transportation mitigation fees. Submitted Into the public record in connectio wit item P2 • A on - . '„ V Priscilla A. Thompson City Clerk 0S.24O4 FIG Neighborhood Workshop Fonow7AfdaRESPONSES FL STOLE ISLAND DARIE NS. LLC. WATSON ISLAND NEIGHBORHOOD WORKSHOPS 01-02414 PAGE $ OF 0 NOT AGREED 1 VW USE =SCALE BACK PROJECT The pwwferi's uses, psngnsn and design degrader has net changed substantially f+uits that original proposed by Flagstone's response *, the RFP as let rained by the Waterfront Advisory Board the Large Scale Development Committee, the City Manager's office, as well as the City Attorney. To the contrary, should these features be reduced Flagstone would be in default of its agreements with the City, and incontislenl with the voter referenda= approval 2 CM SITE ifiAvolD RAISING GROUND LEVEL HIGHER THAN MAT OF THE MUSEUM ZjFlagatone's project were not seised under new US DeptofHomeland Defense regulations, the Promenade would have to be fenced off and would not be aeatssibk to the pwblic. Gi►rnr FDOT's proposal for the Tunnel Road if he project were not raised the attire project would be conceded behind the twmnefs food walls at 18 FT height Also, f the project were not raised all the back -rehouse activity, loading dock, service vehicle movement, megayacht fueling and provisioning activity would be exposed aesthetically wnaceeptabk, and in car ltct with both pedestrians, told guest wkldrs 11 wneldhaw a serious negative hapset arm peds.Wiansandkaiic including the gamuts otlslavad Gardens and the Ch ldrern'sMuseum and the geaerdpubic It would be an issue of quality, appearance, *convenience and liability. 3 VW PARKING IMPROVIDE FREE PARKING Freeparking world sivs1ficetdy increase panting demand on the island would had to even more "special events" , would owrwhebn the capacity of the island's jadinges, would infix the the project bieasibk and not f inanclabk, and would deny the public t eirfairsham cfpa,*bg revenues 4 CM ® BUILD ?ND GARAGE ON DOSP SITE SOUTH OF MUSEUM 5 CM 4 6 This site is controlled by D.O. S.P. It is an awkward site such that (fa garage were ever built, it would be a very bhef dent one. Plarnfo►etch a garage are &pendent we nnderstad upon an Aviation Canter being built, and other than Aviation needs, there tst we understand that D.O.S.P. polity is to provide pw*hg priority to the Childms's Museum and Parrot Jngk. SOLVE -ISLAND WIDE OVERFLOW PARKING NEEDS OF SPECIAL EVENTS "Spedal Event" and "peak day" events arm better controlled throw gh the City's Class Permit proce& and City coordination Aids should bbmit events to awailabk parking capacity and directly involve police, fire, and emergency services as well as the Department oj0, f'-Sbwet Pairing g in paw m k, and event aanagement. 6 CM ACCESS ®MUT USE OF 80UI1 ROAD BY VALET & OTHER USERS 7 CM 8 CM ROAD 4 9 The use ojpublic roadways cannot be euiun'v . Flagstone is as concerned as anyone drat their guest experience is not only satisfactory and pleasant but also safe.Newrth ek= marina services, fractional guests, aviation canter traffic as well as the CMldrex's Museum bores must use the road which at the request of the Chlldren's Museum, we have made two way. SERVICE VEHICLES, GARBAGE TRUCKS AND OTHIBIS SHOULD ONLY EMT THE PROJECT FROM THE NOITTH/WEST END The loading cock and large buck ogress and egress is at the north end of the project A second ingress/egress is also provided at the south end whose primary use is for emergency, security, and marina destined vehicles. ISLAND GARDENS SHOULD ASSUME COSTS FOR PLANNED ROADWAYS, IMPROVEMENTS, LANDSCAPING AND MAINTENANCE. Flagstone is aware that with the exception of the $?00, 000 payable to the City by the Children's Museum for the roadway lnprovementa and some contribution by a potential future aviation center, that the balance of casts, including all the above requests flan adjacent tenat4 are Flagstone's cost. Submitted Into the public' record in connectio w h item 'Z . a- on 4 �xl /0 3� Priscilla A. Thompson • City Clerk 0624-04 FIG Neighborhood Workshop Famav7A.NeRESPONSES FLAGSTONE ISLAND GARDENS NEIGHBORHOOD WORKSHOPS Findings and Procedures a. Overview Letter b. Wants and Request List c. Concerns and Requests with Response II. Communications a. Flagstone Communications Timeline b. Watson Island Neighborhood Workshop May 24, 2004 invitation c. Watson Island Neighborhood Workshop follow-up correspondence d. Concerns and Wants submittal deadline reminder e. Participation Thank You correspondence III. Meeting Information a. Attendees Lists b. Agendas c. Watson Island Tenants Association Directory d. Presentation IV. Correspondence a. Venetian Causeway Neighborhood Alliance Meeting Notice b. Miami Children's Museum Response Letter Submitted into the Public record in connects wi h item p2. on b`+ Priscilla A. Thompson City Clerk FLAGSTONE COMMUNICATIONS TIMELINE DATE ITEM 5-20-04 Items of concern from all meetings compiled 5-20-04 Watson Island Tenants contact list compiled 5-20-04 Watson Island Neighborhood Meeting Invitation Sent ** See Invitation List Attachment 5-21-04 MCM regret from Board of Directors 5-20-04 Delivery, Read receipts, regrets and RSVP's compiled 5-21-04 Parrot Jungle, Steve Beatus regret 5-21-04 MCM response from Flagstone to Board 5-21-04 Presentation and Agenda created 5-21-04 Watson Island Tenants Association monthly meeting requested to be cancelled by MCM 5-24-04 Watson Island Tenants Association monthly meeting cancelled by email from Debbie Spiegehnan 5-24-04 Watson Island Neighborhood Workshop 4:00 pm — 8:10 pm 5-25-04 Regret email from Miami Yacht Club and request for special presentation to Miami Yacht Club general meeting 5-25-04 Attendee Thank You emails and attached list of compiled concerns and requests document from Neighborhood Workshop emailed and distributed to all registered attendees. 5-25-04 Email sent requesting changes, modification, additions, deletions to Issue List be returned to Flagstone from any organization or party by Thursday May 27, 2004. 5-25-04 - Delivery, read receipts and changes compiled. 5-25-04 Parrot Jungle , Steve Beatus - response to Issues List modifications and request for changes 5-25-04 Email of requested documents by Steve Herbits at Neighborhood Meeting: MUSP Economic Impact Study 5-25-04 VCNA issues flyer for Meeting Notification 5-25-04 VCNA — Barbara Bisno response to Issue List modification and request for changes 5-25-04 Invitation to Miami Yacht Club via Linda Evans to attend VCNA meeting for Island Gardens presentation. 5-25-04 Miami Yacht Club concerns submitted by Linda Evans 5-25-04 Email and calls to MCM requesting information on specific document requested in Neighborhood Meeting 5-26-04 Final items sent to Parrot Jungle for approval of Issues List and approved by Steve Beatus 5-26-04 Follow-up to no response from MCM for documentation request specifics 5-26-04 Venetian Causeway Neighborhood Alliance Meeting 5-26-04 MCM request for Sun Study — sent to architects from Spillis 5-27-04 VCNA Issues added to list and distributed 5-27-04 Reminder email sent to all attendees stating deadline for submission of all changes by end of business day Submitted Into the public record in connectio 'th item P2 . - . on Priscilla A. Thomp n City Clerk FLAGSTONE COMMUNICATIONS TIMELINE 5-27-04 Parrot Jungle and Yacht Club reply to they have submitted complete list as approved 5-27-04 MCM response that they will submit by drafting a additional response letter 5-27-04 Additional documents and pictures emailed to Yacht Club 5-28-04 MCM letter received by Flagstone stating issue responses by Board of Directors 5-28-04 Thank you email sent to VCNA and Watson Island Workshop attendees for time and attendance and contributions Submitted Into the public record in connectio Wi"' item won at/ Priscilla A. City Clerk Page 1 of 1 Kara Skelley From: Kara Skelley Sent: Thursday, May 20, 2004 4:22 PM To: Spiegelman, Debbie Subject: Watson Island Neighborhood Workshop Importance: High Submitted Into the public record in connectio item Pi -3 on �aM ? Priscilla A. T pson City Clerk Members of the Watson island Tenants Assodadon and other City neighbors on Watson Island and Venetian Causeway are invited to attend a Watson Island Neighborhood Workshop for Watson Island and the Island Gardens Protect on Monday. May 24.2004, to be held at the Miami Outboard Club at 1099 MacArthur Causeway. The Meeting will begin promptly at 4:00 PM and will complete at 7:00 PM. Refreshments will be provided. Flagstone Island Gardens will make presentations of the project, explaining and soliciting questions from the attendees. Representatives of FDOT are anticipated to attend to provide information regarding the Tunnel Road and BayLink Invitees will be registered at the door and will have the opportunity to register concerns, requests or specific wants that they as individuals or groups may have. Responses will be provided at upcoming public hearings. To confirm attendance, please call 305 531-3747 ext 10 and leave a detailed message with the names and group affiliation of each attendee. Regards, Joseph Herndon Project Director Flagstone Island Gardens / arocaa carp, MCP, PMP Project Manager Technology Director Flagstone Property Group, LLC 1674 Meridian Ave, Suite 300 Miami Beach, Florida 33139 Ph: 305.531.3747 Fax: 305.531.3748 eFax: 786-524-5987 kskelley@flagstonegroup.com 5/28/2004 Page 1 of 1 • Kara Skelley From: Kara Skelley Sent: Tuesday, May 25, 2004 1:13 PM To: Kara Skelley Dear. Stephen Pant Jungle Island Submitted Into the public record in connection wit item P2 • A. on G �64 Priscilla A. Tho pson City Clerk Thank you for your time attending our workshop on Watson Island and Island Gardens yesterday, Monday May 24, 2004 from 4:00 pm — 7:00 pm at the Miami Outboard Club. As promised please land below the attached list of concerns and requests that were obtained from your organization in previous meetings and were again reviewed with you yesterday. We will be submitting this list of requests to the Planning Advisory Board (PAB) and will further address our responses to the PAB at this June 2nd meeting. We wanted to get this list to you early to allow your gawp adequate time for review. If you have any additions, deletions or moderns, in order to be considered and give us adequate time to respond to them, please provide such revisions to us by email by the end of business Thursday May, 27 2004. Please respond only to those items marked with the initials of your organization. We look forward to a long and successful relationship as your neighbor on Watson island. 2 Sincerely, Joseph Herndon Project Director Flagstone island Gardens Sent on behalf of Jospeh Hemdon by: KaiO gS /fey CHA, carp, MCP, PUP Project Manager Flagstone Property Group, LLC 1674 Meridian Ave, Suite 300 Miami Beach, Florida 33139 Ph: 305.531.3747 Fax: 305.531.3748 eFax: 786-524-5987 kakelley@flagstonegroup.com S/1R/7flfld Page 1 of 2 Kara Skelley From: Kara Skelley Sent: Thursday, May 27, 2004 12:41 PM To: Kara Skelley; 'Stephen Chair Subject: RE: Island Gardens Neighborhood Workshop Submitted Into the public record in connectio w h item 'P2.1 on to D4. Priscilla A. Tho pson City Clerk Per the below email, Flagstone is requesting that all additions, deletions and modifications be email to Flagstone by the end of business today to ensure that your organization's concerns are listed, addressed and responded to. Thanks. Thank you for your time attending our workshop on Watson Island and Island Gardens yesterday, Monday May 24, 2004 from 4:00 pm - 7:00 pm at the Miami Outboard Club. As promised please find below the attached list of concerns and requests that were obtained from your organization in previous meetings and were again reviewed with you yesterday. We will be submitting this list of requests to the Planning Advisory Board (PAB) and will further address our responses to the PAB at this June 2"d meeting. We wanted to get this list to you early to allow your group adequate time for review. If you have any additions, deletions or modifications, in order to be considered and give us adequate time to respond to them, please provide such revisions to us by email by the end of business Thursday May, 27 2004. Please respond only to those items marked with the initials of your organization. We look forward to a long and successful relationship as your neighbor on Watson Island. Sincerely, Joseph Hemdon Project Director Flagstone island Gardens Regards, K roz ,S,FrJley CHA, CHIP, MCP, PUP Project Manager Technology Director Flagstone Property Group, LLC 1674 Meridian Ave, Suite 300 Miami Beach, Florida 33139 Ph: 305.531.3747 Fax: 305.531.3748 eFax: 786-524-5987 kske 11ey@flagstonegroup, com Thanks — k ora S,FeWey Flagstone Property Group, LLC c 11 Q /'1 f1ll A Page 2 of 2 kskelley@flagstonegroup.com 305-531-3747 ext 10 ----Original Message --- From: Kara Skelley Sent: Tuesday, May 25, 2004 1:14 PM To: 'Stephen Omit' Subject: Island Gardens Neighborhood Workshop Importance: High Submitted Into the public record in connectio w' item p2 ...I- on � f asp Priscilla A. Thompson City Clerk Dear. Stephen Parrot Jungle Island Thank you for your time attending our workshop on Watson Island and Island Gardens yesterday, Monday May 24, 2004 from 4:00 pm — 7:00 pm at the Miami Outboard Club. As promised please find below the attached list of concerns and requests that were obtained from your organization M previous meetings and were again reviewed with you yesterday. We will be submitting tills list of requests to the Planning Advisory Board (PAB) and will further address our responses to the PAB at this June 2nd meeting. We wanted to get this list to you early wallow your group adequate time for review. If you have any additions, deletions or modifications, in order to be considered and give us adequate time to respond to them, please provide such revisions to us by email by the end of business Thursday May, 27 2004. Please respond only to those items marked with the initials of your organization. We look forward to a long and successful relationship as your neighbor on Watson Island. Sincerely, Joseph Hemdon Project Director Flagstone Island Gardens Sent on behalf of Jospeh Hemdon by: Kara 5 /ry CHA, cinr, MCP, PMP Project Manager Flagstone Property Group, LLC 1674 Meridian Ave, Suite 300 Miami Beach, Florida 33139 Ph: 305.531.3747 Fax: 305.531.3748 eFax: 786-524-5987 kskelley@flagstonegroup.com 5/28/2004 Kara Skelley Submitted into the public record in connectio ,wi`hy item 2 • ?- on `� Priscilla A. Thompson City Clerk Page 1 of 1 i From: Kara Skelley Sent: Friday, May 28, 2004 11:02 AM To: 'Yanei Crespo; 'Art Noriega'; Bern Levine (blevine©parrotjungie.com); Billberry, Lori; Bustamante, Aldo; 'Commander Robert Reed'; 'Frank Chacon'; Outboard Club (moc1099@bellsouth.net); 7burke@shutts-law.com'; 'Jim Confalone'; Kpryles@aol.com [Kpryles@aol.com); Lany Newberry (sailcat@bellsouth.net); Linda Evans (evanswastingaway@aol.com); 'Mark A. Trowbridge'; 'meredith nation'; miamiducktours@ad.c om; Ron Krongold (mrkrongold©goldkrown.com); 'Sonia Shreffler Bogart; Spiegeiman, Debbie; 'Stephen Chair; 'Steve Beatus'; Steve Herbits; Barbara Bisno; Enrique Bargioni Subject: Thank you for your time Thank you for your time this week meeting and discussing with Flagstone your organizations concems and providing us with comments and issues. We appreciate your participation and hope to provide valuable information to you in response during the PAB meeting and in future communications, Watson Island Neighborhood and Tenants meetings. Thanks Again. Regards, Ka a �...%kV/ey CHA, CHIP, MCP, PMP Project Manager Flagstone Property Group, LLC 1674 Meridian Ave, Suite 300 Miami Beach, Florida 33139 Ph: 305.531.3747 Fax: 305.531.3748 eFax: 786-524-5987 kskelley@flagstonegroup.com 5/28/2004 J WATSON ISLAND NEIGHBORHOOD MEETING MAY 24, 2004, 4:00 PM — 7:00 PM MIAMI OUTBOARD CLUB ATTENDEES (Total 40) Joseph Herndon Kara Skelley Kendall Pryles Frank Balzebre Otto Boudet — Murias Lori Billbery Aldo Bustamante Mary Conway Lillie Medina Peter Kendrick Meredith Nation John Wyatt Ana Elias Sonia Shreffer Julio Grabiel Steve Larusso Roberto Lage Eddie Padilla Bill Austin Sonyha Rodriquez Andrew Velasquez Robert Reed Frank Chacon Ray Socorro Luis Choter Mark Trowbridge Yanei Crespo Rob Curtis Adam Lukin Daniel Enriquez Stephen Beatus Robert Aldereguia Debbie Speigelman Steve Herbits Flagstone Property Group Flagstone Property Group Flagstone Property Group Commissioner Johnny Winton Mayor Manny Diez City of Miami City of Miami City of Miami City of Miami City of Miami City of Miami Parsons Brinkerhoff Parsons Brinkerhoff David Plummer and Associates Spillis Candela DMJM Spillis Candela DMJM Spillis Candela DMJM City of Miami FDOT FDOT FDOT Miami Police Miami Police Miami Police Miami Parking Authority Miami Parking Authority Miami Parking Authority Downtown Development Authority DDA Urban Environment League Parrot Jungle Island Miami Outboard Club Miami Children's Museum Venetian Island Project Director Project Manager Project Coordinator Chief of Staff Chief of Staff Submitted Into the public record in connection with item 'PZ. on Priscilla A. Thdmpson City Clerk Director of Economic Development Project Manager — Economic Development Director of Transportation Department of Transportation Project Manager Traffic Consultant Principal Director — Project Architect Engineer City NET Turnpike Planner Florida Turnpike Planner Senior Engineer Commander Director of Parking Director of Planning and Development Manager (DDA) Urban Designer Student VP -COO Director Barbara Bisno Venetian Causeway Neighborhood Alliance Enrique Bargioni VCNA Helen Gordich VCNA Grace Ugalde Communikatz Aviva Baer Communikatz James Armstrong AGENDA Submitted Into the public record in connectio with item P2 . a- on o Priscilla A. Thompson City Clerk Public Affairs Specialist Public Affairs Specialist Architect Workshop Objectives 1. History of the Project 2. Familiarization with Project Design I. Project Design 1. Objectives 2. Video 3. Architects Presentations 3. Understanding External Factors 1. Tunnel Road 2. Baylink 3. Traffic Consultants Presentation 4. Questions & Clarifications 5. Break 6. Communicating Your Concerns & Requests 1. List created listing specific items requested by group Follow -Up List compiled and emailed to all participants the morning based on information provided by all registered meeting attendees. Email Content Below: Thank you for your time attending our workshop on Watson Island and Island Gardens yesterday, Monday May 24, 2004 from 4: 00 pm — 7: 00 pm at the Miami Outboard Club. As promised please find below the attached list of concerns and requests that were obtained from your organization in previous meetings and were again reviewed with you yesterday. We will be submitting this list of requests to the Planning Advisory Board (PAB) and will further address our responses to the PAB at this June 2nd meeting. We wanted to get this list to you early to allow your group adequate time for review. If you have any additions, deletions or modifications, in order to be considered and give us adequate time to respond to them, please provide such revisions to us by email by the end of business Thursday May, 272004. Please respond only to those items marked with the initials of your organization. We look forward to a long and successful relationship as your neighbor on Watson Island. Sincerely, Joseph Herndon Project Director �/ Flagstone Island Gardens Submitted Into the pub is record in connecti w th item ?2. 3- on 64 Priscilla A. Th mpson City Clerk WATSON ISLAND NEIGHBORHOOD MEETING MAY26, 2004 7:00 PM — 10:00 PM 1000 VENETIAN WAY ATTENDEES (Total 46) Joseph Herndon Kara Skelley Kendall Pryles Lori Billbery Aldo Bustamante Julio Grabiel Steve Larusso Ramon Steve Evans Linda Evans Cathy Left VNCA Attendees: Steve Herbits Barbara Bisno Kenneth Gordon H. Rylin Dharampal Rawat Maria Buccellati Rusela Liebgold Grasiela Sandberg Elizabeth Carvalho Mark Kirby Hal Kluger Henry Raethuma Linda Raethuma Melissa Mayor Beverly Pinzel John Ballau Jose Castro Scott Smith Robert Brown James Bryan Leonard Kryles Frank Delvechio Patrick Cummins Mark Hall Flagstone Property Group Flagstone Property Group Flagstone Property Group City of Miami City of Miami Spillis Candela DMJM Spillis Candela DMJM David Plummer & Assoc Miami Yacht Club Miami Yacht Club PAB Member and VCNA 1000 Venetian Way VCNA Project Director Project Manager Project Coordinator Director of Economic Development Project Manager — Economic Development Principal Director — Project Architect Traffic Consultant / Engineer Bob Everhard Francine Leibman Paula Ehrlich Not registered — additional 8 members in attendance AGENDA Workshop Objectives Submitted Into the public record in connecti • n ith item z. s on 4 Priscilla A. Th • m • son City Clerk 1. History of the Project 2. Familiarization with Project Design 3. Project Design 1. Objectives 2. Video 3. Architects Presentations 4. Understanding External Factors 1. Tunnel Road 2. Baylink 3. Traffic Consultants 5. Questions & Clarifications 6. Conununicating Your Concerns & Requests 1. List created listing specific items requested by group WATSON ISLAND TENANTS ASSOCIATION DIRECTORY \ai„c Bustamante hu,inc„ City of Miami Ilium: 305-416-1436 Fax 305-416-2156 t ii,aiI abustamante@ci.miami.fl.us jldo `Lori Billberry City of Miami 305-416-1452 305-416-2156 lorib(a)ci.miami.fl.us Luciana Lamardo City of Miami 305-416-1436 305-416-2156 llamardo@ci.miami.fl.us Art Noriega Miami Parking 305-373-6789 305-371-9451 anorie¢a(a)rruamiparking.com mtrowbridge��miamiparking.com Mark Trowbridge Miami Parking 305-373-6789 305-371-9451 Yanei Crespo Miami Parking 305-373-6789 305-371-9451 ycrespo�?mianuparking.com Commander Robert Reed Miami Police Robert.reed(a�miami-police.org Frank Chacon Miami Police fchacon 'ami-police.orQ Ray Socorro Miami Police Raimundosocorro��nuami- police.org Joseph Herndon Island Gardens 305-531-3747 305-531-3748 , stone rou . .com Kara Skelley Island Gardens 305-531-3747 305-531-3748 kskelleyna flagstonegroup.com Stephen Chait Parrot Jungle 305-400-7201 305-400-7290 schait@panrotjungle.com Steve Beatus Parrot Jungle 305-400-7201 305-400-7290 sbeatus g?parrotlungle.com blevine[<i�pan otjungle.com Bern Levine Parrot Jungle 305-400-7201 305-400-7290 Ron Krongold Parrot Jungle 305-400-7202 305-400-7290 mrkrongold@.goldkrown.com Larry Newberry Yacht Club 305-377-9877 305-358-7402 sailcat�cybeltsouth.net evanswastingaway�vaol.com Linda Evans Yacht Club 305-672-6409 305-695-0467 `eve Evans Yacht Club 305-377-9877 305-695-0467 evanswastingaway@aol.com Dario Nanbarro Outboard Club 305-785-8747 305-371-4221 moc1099(a�bellsouth.net Gonzalo Planas Outboard Club 305-379-3000 305-371-4221 moc10990bellsouth.net Roberto Alderegui Outboard Club 305-379-3000 305-371-4221 moc10990bellsouth.net Jim Confalone Chalks 305-442-7377 305-444-9357 Karen' 111 a!aol.com Julio Grabiel Spillis Candela 305-447-3500 grabielj@sc.dmjm.com Justin Katz Miami Duck Tours 786-276-8300 786-276-8311 Jkatz1202@aol.com Duck Tours miamiducktours aol.com Deborah Spiegelman Children's Museum 305-373-5437 305-373-5431 debbie@miamichildrensmuseum. org Steve Herbits Venetian Herbitsl(i)aol.com Barbara Bisno VCNA bbisno@comcast.net Submitted Into the public record in connection with item f 2• -2- on Priscilla A. Thompson City Clerk Created on 5/20/2004 2:28 PMCreated by Preferred Customer of very few sties on the Florida Coast that can the advantages es =_ develop a In ter v Submitted Into the public record in connection with item ,_on Priscilla A. Thompson TRANSPORTA • DEEP WATER CHANNEL • COMMERCIAL/MILITARY MARI • BRIDGES r H4BHWAVS' `"` • SEAPLANE Miami Fla. 1 Submitted Into the public record in connection with item on Prisdlla A. Thompson City Clerk 2 Submitted Into nec on with ublic record in item .._.on Prisraila A. Thompson City Clerk 3 Submitted into the public record in connection with item on Priscilla A. Thompson City Clerk • YfN 4 Cliy ct !%ii,tt i REFERENDU Ow p••.rb Clr atMMe Tatrllaw• Tre M v war rr soonq�•lmSoa• / paeleg M /r••er le mod /Y (.M P•lr•a lllm.a.wl Mrs. ail la pas..W M fillli Stirs W Cask aa Car et PAWS TN.MIw (abla alr.l a• lm ea pm Ss .awls M iron. u.ir• M ise alb_ w pa P ik esaidI..iam tti ism Mare.: • lase atlas/.. Sawn 1•10.1 be • asuyv .nna•wwn • /swats ril.Cis al Mimi Omar • S4iatlwla.E Wnsse laln Tw el..•p para. w paws. Ira n drl.11r ra pavan.. Tr aoaal4• papas will l lap M 3 r.p•lr rases e90 • ISM AM r 710- II AI aft vial Se CYO of MSS l.leri.a salmis he • smalls. MISS //•/ • Valoasamasaar r swam .n a.abk b a lulli�r Se at TS /a City maims awl AS Sr Is midair Grass rill /e P••ide! . e Swat . ay.sams wP :ass. Ilse call 3O3.' islata . art. • nary V.• m nno•• wow .nF.neaian bass .n. • Vr.b•.. ••. a.mu.. S W w h aloe enRr ,sass Sa5,55••4•191 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk REFERENDUM Oallot Out...lion p 1 +r s BALLOT QUESTION NO. 1 AUT Shall the City leasc City-ov.r:ed ;and consisting of 24.2 total upland and sl lnL god acres on Watson Island to Flagstone Properties. LLC for development of a mega yacht n„lrina, fish market. hotels with timeshare units, a martt nie rnUSCUln, public gardens, cultural facilities. restaurants, retail and support facilities, for 45t years with two 15-year renewals, subject to capital investment. subject to a minimum annual guaranteed rent of $2,000,000 and other conditions the City may require? 5 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Island Gardens PROJECT OBJECTIVES re- i 6 minmi.13 UM MIWall 'UM 11011111..--- ammamoial i:mail=101 sm•eummor•rraffir ,II 1111%111Th •11111111INIMIIIIIIMMIN MMIllell.011 Mai 1.1.1111.1.1H11 - •••-•••••.- id 7'7= Submitted into the public record in connection with item or Priscilla A. 1 hompson City Clerk ‘91•......•••_,jiciap: *rip ' • - 2.11.117.. 1111167:. ----X ;I.. •—•• re —1 AkelOolowt--- • -1^ 7 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk % WNW ISLAM MEOI.Ol•gpp W010tl10a' MAY X fN W^0Yr11•1111.1. •Paw.. =male 101••11.rAw�Ar rt•Wr W1MIM.11Y110aWIW1r11••••••• YL 4 yWA seim �aW�awwti 'Am sai�swit +* en ow amovese n�M���ewr.� ry+lay aiorarc PUBLIC BENEFITS PROVIDED BY FLAGSTONE 8 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk APPROVALS REQUIRED • L: SFr, _ _ ._::KS 9 3. UNDERSTANDING EXTERNAL FACTORS - TUNNEL ROAD - BAYLINK 6. YOUR CONCERNS & REQUESTS Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk •VIDEO 5. BREAK 10 15/24/2E94 08:AO sese7U/ VENETIAN CAUSEWAY N IGfBORUOOD ALLIANCE Submitted Into the public record in connection with item on • Priscilla A. Thompson City Clerk Hear the details of the tone and Dart „ aPrject n Watson IslanA1 7200 PM wed,. Ataa_26, 2004 1000 Venetian Warr, Community 0 Two hotels ro ly 55 and 30 stories high; parking gage higher than American Airlines Arena; another "Bal Harbour" shopping center; green space on the roofa boardwalk 16 feet high; limited public access; traffic on the Venetian Causeway! ! ! This Is public land - our land. Mnior f e SnWsilyer anima, 2004 1111CAsis • SAI ARCD-a+DtlSAfe4 -cs110 • INO,w0 • tsrs Is ALTOIN LOAD. I 117 - )KAW swim 7Ldsm1 sties 9t2-4 Z00/200'd lfl-1 1 t0-11-)»+ 05/07/2004 12:08 3055313747 05/27/04 16:20 FAX 3053586933 FLAGSTONE Fora a Harrison own PAGE 01 i m i a m i children's museum 980 Morktbur Cvu sway M.aari, Honda 33132 HandDeliwr7 aid Facsimile Mr. Joseph Herndon Piagatome Property CaouP ILL 1674 Meridian Avenue Suite 300 Miami Beach, PL 33139 wwwartiosaileigitirensmoseashera Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk May 27, 2004 Dar Mr. Herndon: I regret I could not attend your meeting on May 24, 2004, noting the island Gardens project. I had other commitments that t could not change. Debbie Spiegelman, Executive Director of the Mmi,i C hildren Museum, did *tend on behalf of the Museum. She also shared with Museum Board members your omaile d list or summary of "wants & requests" (your phrase) that you said were made by the various groups at the meeting and at prior meetings. On behalf the Board of Directors of the Miami Chi>dren% Ddesento,1 am writing to clarify certain matters regrading your list, but fist let me state that the Miami Children's Museum remains co:undyed to waeking with you and the My of Miami togarding Watson 1aLnd for the benefit of the all member* of the public- As you know, many organizations — public and private, foundations, individuals, families and even children — have worked many lean to build and bring to this community a world -lass and state-of-the-art mase= for child= that is a place to play, learn, coiim micate with other children, and shoe in the remarkable spirit of this community. We are not people who are wiatterably opposed to development We welcome all good neighbors on Watson island We ate simply people who are deeply concerned for the Museum's survival as well the public% access to Watson island generally. With that said, our general concern is the size and scope of your proposed project For example, with two towers -- one of which is 55 floors. with a parking garage that is mammoth and yet possibly inadequate for even your own needs, with the number of "time-shares" and the traffic that must be generated to support the planned retail, hotel and other businesses, and with the elevation of the project to accommodate your plans for a "mega -marina," we fear your proposed development will dwarf the Museum and jeopardize its viability. These are not mere "warts" or 'requests", but pleas grounded in our justifiable fear that the o "era prehi cos potation sponsored by membership, ten d.dvo►l• 'Ike end demotions 305.373.)rid. (5437) Na 305.379.kid1(5431) bard .1 drKht. beepsac▪ hed J. kidder MA= S oma 1. vr. peddarse Wile.. elan. &a.d.r w AM. reds Wes Leered Medea OA* ...her. «1.w e.as reed coshed Celle MemC.r..cdwe WO Cif lees Cam 'Mdri adorer Male rP.ass Code Was Pasely Geoid Sae. L * stir We lleen Mlle Amine tab n ob& iW+« sees* ~.errs em uem •ipser+.r fruiters Cielniut Alai ii. Gold Ceepelpe Inedr hos & Neiman rime ir..u« > Walla 01110111 Shia am sires rmeem Ice Fred lasses & rota Me le6ee e4 ►ere He.sid Ammo Medi Gemlin qd Imam Dash) tewemr.lr. OMNI WIN • I& Wry melee. we ire � Spry Mea.L $1.h.ia Sheri Tens% a Saws.d %bar a Stir Weser ,oily reds .ra.avN.a &mow Nadi rpigdese foamier& o we, Omer &ohm"Iddn= 05/07/2804 12:08 3055313747 FLAGSTONE 06/27/04 16:21 FAX 3063666933 Fora i narrison PAGE 02 w vuio the UbilC Submitted cordincontnection with Mr. Joseph Herndon item _.-.- on �t1 May 27 P ilia A. Thompson Page 2 off 4 4 City Clerk character of Watson Island will change drastically and will include gddiock and limited access — all cbaractaistica that would not only Impair pubes same gully, but would seriously endanger the survival of the Museum and possibly other instiwdons on or near Watson Island. We remain open to suggestions and won among all ithtaestod parties. Yea, as you suggest, we are concerned with a number of issues: the South Road, the continuation of a pedestrian plaza at the mu, die diffatoce in the elevation between the proposed new perimeter road and the Museum. the use of the existing or planned roadways by your employ's valets, "time -abate owners, guests and service vehicles, and the impact generally on the children and the play areas of the Mara=. And, yes, we asked you directly why you and your project have consistendy opposed through the City of Maud the opening of a small, elementary charter school in the Museum when such an educstionai purpose is perfectly catsiatmt with ow mission and await programming, when our Charter application is so highly ranked and regarded by the educators in our community, and when the need for such a school serving Mimi is so clear and very much wanted by our community. We did not ask for your support. though we would not reject it. Instead, we were attempting to understand your reasons for inch intractable opposition to educating ddldnen in a dn1daen's museum. First, you mentioned traffic. We responded that bad& would not be a problem and expWned the details. Second, you mentioned regulations concerning minimum distances between schools and its serving alcohol, but everyone quickly acknowledged the process for, and existence of, waivers of such minimum distances in urban settings. FiinaIly, you mentioned possible future legislation of which your project might want to avail itself, including any law allowing casino gambling in Miami. We found this utterly amazing and disappointing. Obviously, any auch plans for gambling are truly speculative. Further, we believe educating child= is a far more concrete and important purpose than possible contingency plans for casimoa in Miami. We have other concerns and specific questions as well. We believe these need to be addressed on the record. For example: 1.) Is there sufficient nt parking to accommodate your proposed 900 full-time equivalent employee, 500 hotels rooms. 100 time-share units, and the visitors to the 220,000 square feet of restaurants, retail shops, other facilities, and the SO -slip mega -yacht marina? If the project is bulk and there is insufficient parldng, will Island Gardens commit In writing to pay for the construction of a suitable parking garage where the City's surface lot is to be located? 2.) What are Island Gardens' plans to deal with overflow parking needs on the island due to special events, meetings, and banquets — all of which taus place on a regular basis or will so take place? Encroachment upon the limited parking available to the Museum and its patrons is a very serious concern. 85/07/2004 12:08 3055313747 00/27/04 10:21 FAX 3053585033 Mr. Joseph Herndon May 27 2004 Page 3 of 4 AGSTME Ford fc Harrison �AsG4E 83 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk $.) Who will be using the roadway now shown by you running parallel to the •Miami Oaken Museum and, if these are reasonable restrictions, how will those be enforced and by wham? To dater, you have prvvide us with varying answers to these questions and thus ow concerns tins heightened. Further, why must the planned increased elevation of the entice project be such that it will virtually burry the Museum from view? • 3.) If the parking garage is bails as currently proposed by Island Gardens, what steps le g., ecxveaing. vegetation, design) will be taken to minimize the negative impact on the Mmatm and the public? Although we have heard various wggestiona. we have et to see in writing any responsive commitments that resolve these problems. 4.) What is the iocatlon and plans for staging daring construction and how will construcdon be accomplished without negatively *Muting the Museum as well as othern on Watson bland? Obviously, this is a very serious concern because the meet of the disruption during coon could itself endanger our patrons, the children and the viability of the Museum. 5.) Will your coosu cticn crews, contractors and others have credentials and security clearance to assure safety? What security will you provide? 6.) The Island Gardens plans that we have seen to date do not reflect adequate pedestrian access from your proposed project to the Museum, including reasonable access for the disabled as well as young children and we would want to know what your commitments are in this regard_ Are the any? 7.) What will be the impact on the Museum of drainage from the planned and newly elevated roadway (rising from approxhnittely 5 feet to 21 feet) and what are Wand Gardens' plena for mitigation of such drainage and related problems? 9.) Since the planned roadways are not necessitated by the presence of the Museum, the Mueevm requests written confirmation that Wand Gardens will absorb any costa of such as well as the costa of related irnprovements for landscaping and maintenance as required by any regulatory or other public authority or by the physical needs of the location (including, for example, the South road and other roadways)? l0.) The Museum requests written confirmation that service vehicles, garbage trucks, and others will enter and exit the project only from the northtwest side of the project as currently planned or in such other manner as the Museum' shall agree upon following a review of any proposed changes in the project. Is the Museum's understanding that only in bona fide emergencies will 85/87/2884 12:08 3055313747 FLAGSTONE U5/YT/s4 1t{: eel YLL iUoaaisovaa troll a norri n PAGE 04 yy vvo Mr. Joseph Herndon May 27 2004 Page 4 of 4 the access load between the Museum and the Island Gardena be used by island Gardena or anyone associated with Island hardens. Ing eu and mess as well as traffic generally are major concern of the Museum. I cannot speak to the objections and concerns of the other orpnizations and people cowed with development err Watson Island bet, for the record, I will state that your natation or sun mart' of their concerns also appears to me to be far from complete or accurate based on the meetings at which representatives of the Museum have been present. I will, of case. not presume to speak for the others. I reiterate. however, that we amain committed to working with you as good neighbors to reserve end protect the neighbatbood itself. Thank you. SAT/klc mmummual Board of Directors Submitted onto the rrnec on with ublic record to c; item on ----- Priscilla A. CCiesrlc Page 1 of 1 Kara Skelley From: Judith A. Burke jjburke@shutts-law.com] Sent: Wednesday, June 02, 2004 3:45 PM To: Joseph Herndon Cc: Kara Skelley Subject: Fwd: Watson Island Judith A. Burke, Esq. Shutts & Bowen, LLP 201 South Biscayne Boulevard Suite 1500 Miami, Florida 33131 Direct Line: 305-379-9187 Direct Fax: 305-347-7787 Email: jburke(a%shutts-law.cou1 »> Judith A. Burke 05/27/04 07:07PM »> Dear Tucker: Submitted into the public record in connection with item --- on Priscilla A. pson Cif Cie Will you please look at your calendar for early next week and let me know when you might be available to meet with me to discuss the Childrens Museumllsland Gardens issue. I would really like to meet early in the week so that we can resolve as many issues as possible before the June 2nd PAB hearing. I look forward to hearing from you soon. Regards, Judy Judith A. Burke, Esq. Shutts & Bowen, LLP 201 South Biscayne Boulevard Suite 1500 Miami, Florida 33131 Direct Line: 305-379-9187 Direct Fax: 305-347-7787 Email: jburke@shutts-law.com This Email has been scanned for all viruses by PAETEC Email Scanning Services, utilizing MessageLabs proprietary SkyScan infrastructure. For more information on a proactive anti -virus service working around the clock, around the globe, visit http://www.paetec.com. "MMS <shutts-law.com>" made the following annotations. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. 6/2/2004 FISH MARKET AT ISLAND GARDENS Attempts by Island Gardens to negotiate with Jorge Sanchez, Lazaro Sanchez of Casa Blanca Fish Market, and Gilberto De Armas of Pescadora Fish Market regarding operational and design requirements for the development of the Fish Market at Island Gardens FISH MARKET AT ISLAND GARDENS Attempts by Island Gardens to negotiate with Jorge Sanchez, Lazaro Sanchez of Casa Blanca Fish Market, and Gilberto De Armas of Pescadora Fish Market (hereinafter referred to as the "Fishermen") regarding operational and design requirements for the development of the Fish Market at Island Gardens DATE ACTION TAKEN RESULTS EXHIBIT NO. April 15, 2002 Letter to Gilberto de Armas, Pescaderia Fish Market requesting a meeting to discuss the lease. Response by Victor Rones, Esq., counsel for Fishermen requesting Flagstone to correspond with him directly and not his clients. 1 April 15, 2002 Letter to Jorge Sanchez, Casablanca Fish Market requesting a meeting to discuss the lease. Response by Victor Rones, Esq., counsel for Fishermen requesting Flagstone to correspond with him directly and not his clients. 2 April 29, 2002 Letter to Victor Rones, Esq., requesting a meeting with the Fishermen to review the operational and design requirements for the Fish Market. No response. 3 May 29, 2002 Letter to Victor Rones, Esq., requesting a meeting with the Fishermen to review the operational and design requirements for the Fish Market. No response. 4 June 19, 2002 Letter to Victor Rones, Esq., requesting a meeting with the Fishermen to review the operational and design requirements for the Fish Market. Mr. Gomez requests that City Attorney attend the meeting with Fishermen and Flagstone. 5 July 15, 2002 Letter to Victor Rones, Esq., requesting a meeting with the Fishermen to review the operational and design requirements for the Fish Market. Meeting held with Fishermen. 6 August 5, 2002 Letter to Fishermen thanking them for the meeting, and requesting operational and design requirements and enclosing a data sheet of required information for Spillis Candela to work on the design of the Fish Market. No Response. 7 August 26, 2002 Letter to Victor Rones, Esq., counsel for the Fishermen requesting operational and design needs for the Fish Market and responding to Ms. Penzell's request* for Flagstone's design Telephone call received from Ms. Penzell, Mr. Rones assistant, requesting that Island Gardens provide design plans to the Fishermen so that the Fishermen can provide the plans to their 8 684525-1 plans stating that Flagstone as the developer would be designing the Fish Market. designers. September 24, 2002 Letter to Victor Rones, Esq., counsel for the Fishermen requesting operational and design n Letter sent to Jorge Sanchez; Lazaro Sanchez of Casa Blanca Fish Market and Gilberto De Armas of Pescadora Fish Market requesting information on their requirements for the Fish M Letter of Intent to Enter into Sublease sent by Flagstone in order to begin the process of n Letter from Victor Rones advising the City of Miami that they will proceed with the l Plaintiffs' Motion for Mediation and Order to S Plaintiffs' Motion to file Amended Complaint in the eviction action to include Flagstone as a Denied. 14 August 12, 2003 p party. Plaintiffs file new Complaint against City and F Court grants City's Motion for Summary Judgment against Lazaro Sanchez and De Armas in eviction action. Plaintiffs' file appeal and appeal denied. 16 Present The case filed against the City and Flagstone for damages is still pending in Circuit Court. Case Pending. 684525-1 BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305)347-7375 April 15, 2002 Mr. Jorge Sanchez Casablanca Fish Market Watson Island Miami, Florida RE: Island Gardens Dear Mr. Sanchez: Submitted Into the public record in connection with item —._,.on Prisalia A. Thompson City Clerk E-Mail: iser@shutts-law.com HAND DELIVERED As you know, this firm represents Flagstone Properties, LLC ("Flagstone"). We are currently in lease negotiations with the City of Miami for the development of Island Gardens on the N.W. quadrant of Watson Island. Although we have not yet finalized the terms of our agreement with the City, we would like to schedule a meeting with you and Mr. de Arenas, from Pescaderia Fish Market, for Friday, April 19t at 300 p.m. to begin preliminary lease discussions for the Fish Market. Depending on what's convenient for you, we can meet in our offices or at your fish market. We received a letter from Victor K. Rones, Esq. last November who advised us that he was representing you in a litigation matter with the City. Since we did not know if he would also be representing you in these lease negotiations, we are contacting you directly. Please contact me as soon as possible, so that we may confirm the time and place for this meeting. I look forward to speaking with you soon. LAS/ajb cc: Ms. Dena Bianchino Ms. Arlene Weintraub Ms. Meredith Nation Victor K. Rones, Esq. Mr. Mehmet Bayraktar Mr. John Petricola Ms. Kendall Pryles Judith A. Burke, Esq. Sincer ( Lillian A. Ser %AO nes," en.1ce 1 A IC - •• • • •• •••••.. ,moo a+.... - c.r-crurr _cog, . W HSITF: www.shuttS•law.com S H U T T S Submitted Into the public & record in connection with B O W E N item on Priscilla A. Thompson L L P City Clerk ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 April 15, 2002 Mr. Gilberto de Armas Pescaderia Fish Market Watson Island Miami, Florida RE: Island Gardens Dear Mr. de Armas: E-Mail; Iser@shutts-Iaw.com HAND DELIVERED As you know, this firm represents Flagstone Properties, LLC ("Flagstone"). We are currently in lease negotiations with the City of Miami for the development of Island Gardens on the N.W. quadrant of Watson Island. Although we have not yet finalized the terms of our agreement with the City as yet, we would like to schedule a meeting with you and Mr. Jorge Sanchez from Casablanca Fish Market for Friday, April 19th at 3:00 p.m. to begin preliminary lease discussions for the Fish Market. Depending on what's convenient for you, we can meet in our offices or at your fish market. We received a letter from Victor K. Rones, Esq. last November who advised us that he was representing you in a litigation matter with the City. Since we did not know if he would also be representing you in these lease negotiations, we are contacting you dir%ctly. Please contact me as soon as possible, so that we may confirm the time and place for this meeting. I look forward to speaking with you soon. Li 'an A. Ser LAS/ajb cc: Ms. Dena Bianchino Ms. Arlene Weintraub Ms. Meredith Nation Victor K. Rones, Esq. Mr. Mehmet Bayraktar Mr. John Petricola Ms. Kendall Pryles Judith A. Burke, Esq. MIADOCS 501284.1 AJB cm tuffA•At (FNTFR • 7m catrrx RISCAYNE BOULEVARD • MIAMI. FLORIDA 33131 • MIAMI (3051 358-6300 • FACSIMILE f3051 381-9982 • WEBSITE: wwwMutts-law .com BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 April 29, 2002 Victor K. Rones Esq. Law Offices of Kris E. Fenzel' 407 Lincoln Road Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Victor: Submitted Into the public record in connection with itemPriscilla._ A. Thompson City Clerk E-Mail: lser@shutts-Iaw.com VIA FACSIMILE As you know, this firm represents Flagstone Properties, LLC ("Flagstone"), the developer of the proposed project known as Island Gardens: On April 12, 2002, we wrote to your clients, Mr. Jorge Sanchez and Mr. Gilberto de Arenas, requesting a meeting to begin preliminary discussions for the fish market that will be included as part of the project (see letter enclosed). Although we were aware that you were representing these individuals in a litigation matter against the City of Miami, we did not know that you would also be representing them in these negotiations. For this reason, we did not contact you directly. Rather, we copied you on the April 12th letter, which was faxed to you that same day at 5:21 p.m. (a copy of the facsimile confirmation is also enclosed). Moreover, when we spoke to Mr. Sanchez and Mr. de Arenas on Tuesday, April 16`b to confirm the meeting for the 19th, I confirmed that they were not being represented by counsel. Specifically, Mr. Sanchez, advised me that your office was indeed providing representation for the litigation matter but that your office would not be providing representation in the lease negotiations. Finally, your facsimile advising that your offices would be representing Mr. Sanchez and Mr. de Armas was received at Shutts & Bowen at 10:24 a.m. on April 19th. Unfortunately, we were already on route to Watson Island to meet with your clients and had not received this information. Flagstone is committed to providing the best possible fresh fish market to Island Gardens visitors as well as Miami residents. The purpose ofmeeting with Mr.Sanchez and Mr. de Arenas was to ascertain preliminary information regarding space requirements, dockage needs and other operational needs. When I spoke with Mr. Gomez from your office, he stated that any meetings regarding the. fish market should take place only with counsel. Therefore, if you are prepared to discuss design and operational needs of the proposed fish market, please contact me so that we may arrange a meeting date. I MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI. FLORIDA 33131 • MIAMI 13051 358-6300 • FACSIMILE (3051 381-9982 • wFacrrc. ,. .niut•-JAW COm SHUTTS & BOWEN LLP Victor K. Rones Esq. April 29, 2002 Page 2 I look forward to hearing from you soon. LAS/ajb encls. cc: Michael Gomez, Esq. Mr. Mehmet Bayraktar Mr. John Petricola Ms. Kendall Pryles Judith A. Burke, Esq. MIADOCS 504356.1 AJB Submitted Into the public' record in connection with item on Priscilla A. Thompson lerk SHUTTS Submitted Into the public AVE E N record in connection with item on L L P Priscilla A. Thompson City Clerk ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 May 29, 2002 Victor K. Rones Esq. Law Offices of Kris E. Penzell 407 Lincoln Road Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Victor: E-Mail: Iser@shutts-law.com VIA FACSIMILE As you know, this firm represents Flagstone Properties, LLC ("Flagstone"), the developer of the proposed project known as Island Gardens. On April 29, 2002, I wrote to you expressing Flagstone's interest in meeting with your clients, Mr. Sanchez and Mr. de Armas. The purpose of the meeting is to ascertain preliminary information regarding space requirements, dockage and other operational needs in order to begin designing the fish market to be located within the Island Gardens project. Unfortunately, we still have not heard back from you and we are anxious to get started on the plans for the Fish Market. Please contact me so that we may set up a meeting as soon as possible, since we are about to begin the construction design phase for Island Gardens. I look forward to hearing from you soon. Sincerely, Ci �� • Lillian A. Ser LAS/jjb cc: Michael Gomez, Esq. Mr. Mehmet Bayraktar Mr. John Petricola Ms. Kendall Pryles Judith A. Burke, Esq. MIADOCS 512304.1 JJB .300 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI. FLORIDA 33131 • MIAMI (3051 358-6300 • FACSIMILE 1305) 381-9982 • WEBS(TE www shutts-law. com SHUTTS & B OW E N LLP ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS) LILLIAN A. SER Direct Line: (305) 347-7375 Victor K. Rones Esq. Law Offices of Kris E. Penzell 407 Lincoln Road, Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Victor: 1500 MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MIAMI. FLORIDA 33131 MIAMI (305) 358-6300 BROWARD 1954) 467-3841 FACSIMILE 1305) 381-9982 June 19, 2002 Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk E-Mail: lser@shutts-1aw.com VIA FACSIMILE Thank you for acknowledging receipt of my May 29, 2002 letter requesting a meeting with you and your clients to discuss the operational requirements for the fish market to be located within the Island Gardens project. However, we are getting concerned that after a failed attempt to meet with your clients on April 19th at Watson Island and two follow up letters (See attached), we still do not have a meeting date. As I explained in my previous letter, we are beginning the design process and it is imperative that we begin preliminary discussions regarding space, dockage and other operational requirements for the proposed fish market. Therefore, I urge you once again to contact me as soon as possible to set up a meeting with the appropriate representatives. I look forward to hearing from you soon. LAS/ajb attachments cc: Michael Gomez, Esq. Ms. Dena Bianchino Ms. Arleen Weintraub Mr. Mehmet Bayraktar Mr. John Petricola Ms. Kendall Pryles Judith A. Burke, Esq. MIADOCS 525292.1 AJB AMSTERDAM FORT LAUDERDALE LON)0N 1;i.\Ali ORLANDO TALLAHASSEE WEST PALM BEACH SH TTS BOEN LLP ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 July 15, 2002 Victor K. Rones Esq. Law Offices of Kris E. Penzell 407 Lincoln Road, Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Mr. Rones: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk E-Mail: Iser@shutts-law.com VIA FACSIMILE As.you know, this firm represents Flagstone Properties, LLC ("Flagstone"). I recently received a call from your colleague, Michael Gomez, regarding Flagstone's previous requests to meet with your clients. As per Mr. Gomez, there seems to be "grave" concern regarding this meeting, although he was not able to fully explain what that "grave" concern entails. Mr. Gomez also stated you would like for the City's attorney to be present at this meeting. I would like to remind you that the purpose for us getting together is to obtain operational and design requirements for the future fish market at Island Gardens. That is why it is difficult to understand your concern. The future design of the fish market bears no relation to the ongoing litigation between the City and several Watson Island tenants. As you know, Flagstone is not involved in that litigation. As I advised Mr. Gomez, the City is our landlord in this endeavor and we would be more than happy to arrange for a City representative to attend the meeting with us. However, as far as having a City attorney present at the meeting, it will be up to City officials whether they think it is necessary to be represented by counsel at a meeting to discuss future space requirements. Once again, we are requesting you provide us with available times for all of us to meet to commence these discussions. Time is passing by quickly and we are anxious to get started on the preliminary design. I look forward to hearing from you soon. LAS/ajb cc: Michael Gomez, Esq. Ms. Dena Bianchino Ms. Arleen Weintraub Ms. Meredith Nation Alejandro Vilarello, Esq. Mr. Mehmet Bayraktar Mr. John Petricola Ms. Kendall Pryles Judith A. Burke, Esq. MIADOCS 530819.1 AJB 1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD MIAMI. FLORIDA 33131 MIAMI (305) 358-6300 • FACSIMILE 13051381-9982 • wEBSITEsnutts•Iaw. Com nN OON SHTTS BO BEN LLP ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 August 5, 2002 Victor K. Rones Esq. Law Offices of Kris E. Penzell 407 Lincoln Road, Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Mr. Rones: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk E-Mail: I ser®th u t t s-I aw. ca m We would like to thank you, Mr. Gomez, and Ms. Penzell for meeting with us, our client, and Ms. Meredith Nation, as representative for the City of Miami, last Friday. It was unfortunate that we were not able to learn the operational and design requirements of your clients, Casablanca Fish Market and Pescaderia Fish Market, for the future fish market at Island Gardens. However, we look forward to meeting with you again some time soon in order to discuss your clients' needs. Enclosed is a copy of a request for information from our architects, which was provided to you at the meeting. This list was prepared as an agenda for our discussion and, therefore, it is not all inclusive. As soon as you have had a chance to discuss these items with your clients, please contact me so that we may set up a meeting once again. In the alternative, please feel free to provide this information in written form. If you have any questions, please do not hesitate to contact me. I look forward to hearing from you soon. LAS/pba Enclosure cc: Michael Gomez, Esq. Beverly Penzell,-Esg4--,NC 0- 442An, Ms. Dena Bianchino Ms. Arlene Weintraub Ms. Meredith Nation Alejandro Vilarello, Esq. Mr. Mehmet Bayraktar Mr. John Petricola Ms: Kendall Pryles Mr. Juan R. Rodriguez Mr. Julio Grabiel Judith A. Burke, Esq. MIADOCS 536012.1PBA 30 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI. FLORIDA 33131 • MIAMI (3051 358-6300 • FACSIMILE 1305) 381-9982 • WEBSITE. ww W snutts-law cote Florida AL4 2000 Millennium Award of Honor for Design Spillis Candela DMJM +RCHI T aii;F&;,;(::,:EERIN, . 17 A`.NINt-,. iV 1' 'Mt AS Re: D'Armas & Casablanca Operational Review Meeting — 2 August 2002 To better understand the operational requirements of the above referenced tenants. We request the following information: Space and Facilities 1. What is the current area of the existing facilities in square feet? - Sales Floor and Eating area if any Back Office Parking Lot - Number of restrooms for customers. Number of restrooms for employees. 2. What are the current refrigeration requirements? Freezer sizes and Types Refrigeration sizes and Types Garbage Removal Current cubic yards of garbage hauled per month Special Waste 4. Blueprints of existing facilities. Sales and Operations 1. 2. Current sales hours and yearly operational schedule. Peak sales times and average number of customers shopping throughout the day. Product jist. / Restaurant menu Current marketing plan. Peter 1. Spillis, AIA • Hilario F. Candela, FAIA lulio Grabiel. AJA Aramis Alvarez, AtA Guillermo E. Carreras, AIA Donald Dwore, FAIA Dean K. Newberry, 110A Jesus Cruz. AIA Deborah S. Klem Howard Melton, AIA Michael Kerwin, AIA Paul Reinarman Craig Stark, AIA W. Ronald Hunt. PE Craig Kenyon, AIA Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk 5. Operational schedules and data: How much fish is brought in by land and its delivery schedule? How much fish is brought in by sea? Number of boat used, times of unloading. Delivery schedules of ice and other products Building Support A. What are the current utility requirements? Electrical power and peak time usage. Water: Volume usage, Max Flow rates and peak time usage. Waste Water usage: Size of current drainage capacity and peak flow rates. 800 Douglas Entrance. North Tower. 2'•" Floor. Coral Gables, Florida 33134 TEL 305/444 4691 FAX 305/447 3580 Florida License AA 0003298 An AECOM Cornpam SHTTS BO EN LLP ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line:(305)347-7375 E-Mail: Isertshutts-iaw.com August 26, 2002 Victor K. Rones Esq. Law Offices of Kris E. Penzell 407 Lincoln Road, Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Mr. Rones: Submitted Into the public' record in connection with Item on Priscilla A. Thompson City Clerk VIA FACSIMILE As you know, this firm represents Flagstone Properties, LLC ("Flagstone"). Once again, I am writing to you to request that you provide us with the operational and design requirements of your clients, Casablanca Fish Market and Pescaderia Fish Market, for the future fish market at Island Gardens.- We are in the midst of our design development for the project and require this information in order to begin designing the Fish Market. Enclosed is a copy of a request for information that was provided to you at our meeting on August 2, 2002 and by letter on August 5, 2002. As previously stated, this list is not all inclusive. It was prepared merely as an agenda for our discussion on August 2, 2002. I did receive a call from your assistant, Ms. Penzell, a few weeks ago requesting that I provide design information for the future Fish Market so that you may provide this information to your designers. As I advised her, in order to clear up any confusion that may exist, Flagstone as the developer of Island Gardens, is designing the project and the proposed Fish Market. If you have any questions, please do not hesitate to contact me. I look forward to hearing from you soon. LAS Enclosure cc: Michael Gomez, Esq. Ms. Beverly Penzell Ms. Dena Bianchino Ms. Arleen Weintraub 1300 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • MIAMI (305) 358-6300 • FACSIMILE (305) 381-Y9742 • WEBSITEsnutts-law con•. Victor Rones, Esq. August 26, 2002 Page 2 Ms. Meredith Nation Alejandro Vilarello, Esq. Mr. Mehmet Bayraktar Mr. John Petrie°la Ms. Kendall Pryles Mr. Juan R. Rodriguez Mr. Julio Grabiel Judith A. Burke, Esq MIADOCS 540591.1 AJB Submitted into the public record in connection with item on Priscilla ,a. Thompson City Clerk SHUTPS & BOWEN LLP SHi iTT SB Q W E N Submitted Intothe Wiic' ith record in connection L L P item _._..._ on Priscilla A. Thompson if Clerk ATTORNEYS AND COUNSELLORS AT LAW LILLIAN A. SER Direct Line: (305) 347-7375 E-Mail: lscr@shuns-law.com September 24, 2002 Victor K. Rones Esq. Law Offices of Kris E. Penzell 407 Lincoln Road, Suite 10-D Miami Beach, FL 33139 Re: Island Gardens Dear Mr. Rones: VIA FACSIMILE AND U.S. MAIL As you know, this firm represents Flagstone Properties, LLC ("Flagstone"). We understand that you met with City of Miami officials sometime last week and that there was discussion about the future fish market at Island Gardens on Watson Island., We also understand that you advised the City that you, or your client, had already provided Flagstone a list of operational and design needs for their continued operation. Unfortunately, since our meeting on August 2, 2002, we have not received that information. If possible, could you please provide us with copy of that list as soon as possible? As we've stated in previous correspondence (See enclosed), we are anxious to obtain this information so that we may begin the design process for the fish market. It is also our understanding that you have requested a description of the project. Enclosed please find a copy of the Executive Summary and Project Plan for the project as provided in Flagstone's response to the City of Miami's Request for Proposal for a Mega -Yacht Marina. If you have any questions, please do not hesitate to contact me. I look forward to hearing from you soon. Sincerely, (,11-1/ Lill . Ser LAS Enclosure cc: Michael Gomez, Esq. (w/o encl.) Ms. Beverly Penzell (w/o encI.) Ms. Dena Bianchino (w/o encl.) Ms. Meredith Nation (w/o encl.) Alejandro Vilarello, Esq. (w/o encl.) Mr. Mehmet Bayraktar (w/o encl.) Mr. Joe Herndon (w/o encl.) Ms. Kendall Pryles (w/o encl.) Mr. Juan R. Rodriguez (w/o encl.) Judith A. Burke, Esq. (w/o encl.) MIAOOCS 547293.1 AJB 1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI. FLORIDA 33131 • MIAMI (305) 359-6300 • FACSIMILE (305) 381-998Z • wEBSrfli www shut, -law com FLAGSTONE Propertie November 1, 2002 Mr. Jorge Sanchez Mr. Lazaro Sanchez Casa Blanca Fish Market Mr. Gilberto De Armes Pescaderia Fish Market Watson Island Miami, Florida Re: Fish Market at Island Gardens Dear Messrs. Sanchez and De Armas: Submitted Into the public record in connection with item on Joseph L. Herndon Priscilla A. Thompson Project Director City Cleric Island Gardens Watson Island, Miami, Florida JHemdoneflagstoneProperties.com 1 realty enjoyed having the opportunity to meet with you, your families and your counsel yesterday afternoon at the Island. I wanted to confirm in writing some of the issues that we discussed regarding the proposed Fish Market to be constructed as part of the Island Gardens project. First, we had an opportunity to go over the information that you sent to us regarding the requirements for each of your Fish Markets. I believe that the requirements specified in those letters could be accommodated within the scope of the facility we plan to develop. As I advised you, we plan to construct and operate a Fish Market as part of the Island Gardens project and would like very much for both the Casa Blanca and Pescaderia groups to become our tenants. We plan to work closely with you as we design the physical space so that it meets all of your operational needs. As i stated at our meeting, i look `arward to meeting with you informally and often so that we can develop a close working relationship. We advised you that, if things work out as we plan, there is a good possibility that we will have access to the property in approximately six (6) months to begin some initial work on the infrastructure. Because that work would be in close proximity to your existing locations, and because of insurance requirements and possible risk to your clientele, the existing establishments will have to be moved. We discussed the fact that the City of Miami had offered you a temporary location at another site on Watson Island east of your current facility. Although we are not involved in your negotiations with the City, we would be very pleased if your operation continued on the island during the construction period. As we discussed, we will have a large number of construction workers on the site and would like very much for them to be able to utilize your restaurant during lunch hour. Flagstone Properties, LLC. Miami: 201 Biscayne Blvd., Suite 2828, Miami, Florida 33131 USA Tel 305-913-7534 Fax 305-913-1301 Orlando:506 Celebration Avenue, Celebration, Florida 34747 USA Tel 407-566-9331 Fax 407-566-9332 www.flagstorrepropettios.com Submitted Into the public record in connection with item on Priscilla A. Thompson City Cleric We also discussed your concerns regarding boat dockage when you move to your new location. Because of the fact that we will be dredging the marina area, it will be impossible for your boats to remain docked in their current location. We understand that you and your counsel will be discussing this issue with the City to see how dockage can be accommodated in the location that they have earmarked for your relocation. We also discussed how a lease arrangement could work. As I advised you, we are presently working on agreements with the City. The terms of those agreements prescribe that our Lease with the City will not become effective for a significant period of time. Therefore, it will be quite a while before we will be able to provide you with any documentation. However, I did advise you that the issue of base rent would probably not be a significant burden. At the present time, we envision the arrangement to be based more on a percentage rent formula. We also assured you that we are not requiring any financial commitment from you in connection with the build -out of the space. Again, I really did enjoy having the opportunity to meet with you. I think the Fish Market is going to be a fantastic thing for us, for you and for your present and future customers. As you know, we will be on the site shortly and look forward to seeing you often. If at any time during the coming period you have any questions whatsoever, please do not hesitate to call me. Very truly yours, Joseph L. Herndon Project Director Flagstone Properties, LLC cc: Victor K. Rones, Esq. Ms. Beverly Penzell Mr. Mehmet Bayraktar Judith A. Burke, Esq. 11-01-02 IG Meeting with Fish Market Businesses of 10-31-02.doc FLAGSTONE Propertia December 9, 2002 VIA FACSIMILE Mr. Jorge Sanchez Mr. Lazaro Sanchez Casa Blanca Fish Market Watson Island Miami, Florida Mr. Gilberto De Armas Pescaderia Fish Market Watson Island Miami, Florida Submitted Into the public record in connection with item on Priscilla A. Thompson Joseph L. Herndon City Clerk Project Director Island Gardens Watson Island, Miami, Florida JHerndon@FlagstoneProperties. com Re: Letter of Intent to Enter into Sublease Agreement Island Gardens Fish Market Dear Messrs. Sanchez and De Armas: We have recently completed our lease negotiations with the City of Miami. We are hopeful that the proposed Agreement to Enter into Ground Lease (the "Development Agreement") with the City will be approved by the City Commission in the very near future. Assuming that the City Commission approves the Development Agreement, and further assuming that all of the conditions precedent to entering into the Ground Lease with the City and taking possession of the property outlined in the Development Agreement are satisfied (i.e. local, state and federal permitting, financing, etc.), Flagstone will be in a position to enter into a formal Sublease agreement with Casa Blanca Fish Market and Pescaderia Fish Market. In order to formally commence the process and based on our previous discussions with you regarding the proposed Fish Market at Island Gardens, we are pleased to present the following as our Letter of Intent to enter into such an Agreement. Below are the basic terms and conditions under which Flagstone Properties, LLC is prepared to enter into a formal Agreement with Casa Blanca Fish Market and Pescaderia Fish Market. Flagstone Properties, LLC. Miami: 201 Biscayne Blvd., Suite 2828, Miami, Florida 33131 USA Tel 305-913-7534 Fax 305-913-1301 Orlando: 506 Celebration Avenue, Celebration, Florida 34747 USA Tel 407-566-9331 Fax 407-566-9332 www.flagstoneproperties.com Messrs. Sanchez and De Armas Page 2 Landlord: Subtenants: Premises: Permitted Use: Term: Commencement Date: Rental Rate: Operating Expenses: Construction of Improvements: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Flagstone Properties, LLC, and its subsidiary, "Island Gardens Fish Market" Casa Blanca Fish Market, Messrs. Jorge and Lazaro Sanchez, Proprietors Pescaderia Fish Market, Mr. Gilberto De Armas, Proprietor Subject to obtaining all required governmental approvals, the property to be utilized for the Fish Market will encompass approximately the same square footage of indoor and outdoor space as they currently have, to be located on the north -side of the Island Gardens project in close proximity to the waterfront for fish receiving, distribution, cleaning, storage, sales, and packaging. Additionally, a minimum of 2 forty foot boat slips, with proper dockage facilities, will be available to be leased by Tenants, under separate agreement, for the exclusive business related use by Tenants, their employees and vendors. Buildings, grounds and equipment are to be maintained by the Subtenants, as well as a Grade A Health Department Standard Commercial fish market with accessory indoor and outdoor processing. Initial Term 5 Years, with two 5 year extensions. Upon substantial completion of the Fish Market by the Landlord. The rent for the landside facilities will be a fixed base amount, the exact rate to be determined by the cost of all build -out and equipment associated with the delivery of the facility, amortized over fifteen years; an appropriate portion of the base rent under the Ground Lease allocable to the Fish Market; an appropriate portion of the common area facilities cost; and other similar items. The formula to be used for the calculation of gross sales will be similar to the formula utilized in the Ground Lease agreement between Flagstone and the City of Miami. Tenants will be responsible for their allocated share of operating expenses. Landlord shall, at its sole cost and expense, construct all required improvements pursuant to plans prepared by an architect to be chosen by Landlord. Although Landlord will be responsible for the design and construction of the Fish Market, Landlord will consult with Tenants in consideration of the Tenants' operational needs. This Letter of Intent does not constitute a reservation of space. This Letter of Intent merely sets forth the basic terms and conditions to be incorporated into a formal Sublease. This letter is not contractually binding on the parties. The parties will not be contractually bound unless and until Messrs. Sanchez and De Arenas Page 3 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk they execute a formal Sublease, which must be in form and content satisfactory to each party and its counsel in their sole discretion. If the terms outlined in this Letter of Intent are acceptable, please sign and return a copy of this Letter of Intent to me at your earliest convenience. We will then authorize our attorneys, at the appropriate time, to prepare a first draft of the Sublease. I look forward to hearing from you soon. Sincerely, Mehmt Ba t Flagstone Prope es, LLC ACCEPTED AND AGREED TO THIS DAY OF , 200_. Casa Blanca Fish Market By: Print Name: Jorge Sanchez Title: ACCEPTED AND AGREED TO THIS DAY OF , 200_. Casa Blanca Fish Market By; Print Name: Lazaro Sanchez Title: ACCEPTED AND AGREED TO THIS DAY OF , 200_. Pescaderia Fish Market By: Print Name: Gilberto De Armas Title: cc: Victor Rones, Esq. Dena Bianchino, City Manager's Office LAW OFFICES KRIS E. PENZELL PROFESSIONAL ASSOCIATION 407 LINCOLN ROAD SUITE 10-0 MIAMI BEACH. FLORIDA 33139 KRIS E. PENZELL December 18. 2002 Sent Via Facsimile (305) 416-1801 and Regular Mail Warren Bittner, Esquire Assistant City Attorney 444 S. W. 2nd Ave., Suite 945 Miami, FL 33130 Re: Waterman, et al vs. City of Miami Dade Circuit Case No. 94-17262 CA 05 Dear Mr. Bittner: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk TELEPHONE 13051 531-3000 FACSIMILE 13051 531-5175 It appears as if negotiations regarding the above matter are rapidly disintegrating. By way of background, you will recall that ostensibly Flagstone Properties was to meet with us regarding particulars for development of Watson Island and how our clients would fit into the program. After much anticipation, the representative of Flagstone arrived to meet with our clients. Unfortunately, the Flagstone representative advised that they had great plans but no particulars as to what would occur. Thereafter, we advised the City of our disappointment on this matter and were advised that same would be conveyed to Flagstone. In response, we then received the letter which is enclosed that detailed great overall generalities without providing any specifics (i.e. rent amount, space details, etc.). Once again, my clients were disappointed with this event. We then inquired as to what was to occur in the interim while the unknown details of the development were ascertained. No such information was forthcoming. Instead, we received the notification enclosed advising that various violations are required to be corrected. Although the smaller items are being taken care of by our clients, the larger items are the City's obligations. Customers of our client have advised that they have now been told that our clients are being closed down and their businesses terminated. As a result. our clients find that no tangible details for resolution have been provided by Flagstone; instead, our clients find that rumors and actions are occurring to terminate their businesses. The violation notice appears to be prompted by such persons, who perhaps did not realize the fact that many of the requirements for curing same will need to be addressed by the City. Submitted Into the public record in connection with item on PriscaHa A. Thompson City Clerk Warren Bittner, Esquire December 18.2002 Page Two Since it appears that no serious negotiations are occurring, please thus consider this letter formal demand for the City to forthwith cure the violations reflected on the notice which are the obligations of the City (as landlord). Please confirm that same will be accomplished within seven (7) days of receipt of this letter, since it appears that the necessary details to proceed forward for development cannot or will not be forthcoming. It is appropriate to advise that at this juncture, it appears as if continued litigation and trial will proceed. In almost all civil cases, mediation is now required. In order to avoid additional impediment to proceeding further, please advise the undersigned of whom your suggested mediators may be in this matter as well as availability of dates. In order to commence the discussion, we suggest as mediators the following: A. Judge Robert Newman with Mediation Inc.; B. Jack Finn with Mediation Inc.; C. Judge Ed Klein with Mediation Inc. We will expect your responses within seven (7) days of receipt of this letter and will diary same accordingly. Yours truly. VKR:bjp Enclosure cc: John J. Waterman Lazaro Sanchez Inelda De Armas Frank L. Smith Shutts & Bowen, LLP Flagstone Properties Dena Bianchino Carlos Gimenez Michael W. Gomez, Esquire JOHN J. WATERMAN, et al.. Plaintiffs, vs. THE CITY OF MIAMI, Defendant.. Submitted Into the public record in connection with item on Priscilla A. Thompson city Clerk IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 94-17262 CA (05) Fla. Bar #245178 PLAINTIFFS' MOTION FOR MEDIATION NOW COME the Plaintiffs, by and through their undersigned counsel and move for entry of an order requiring mediation and show as follows: 1. This action is a claim brought with respect to the interpretation of certain dockage agreements and for other relief. An eviction counterclaim has now been filed by the Defendant (City of Miami) against the Plaintiffs. 2. The foregoing will now result in extensive depositions, discovery, etc., between the parties, causing the incurrence of massive financial resources. 3. In the interim, the parties have attempted to discuss resolution but have failed to reach resolution. It is appropriate that this matter now be directed to mediation so that all parties can ascertain whether resolution may be achieved. 4. In this regard, a developer, Flagstone, should be served with an order to show cause requiring it to show cause why it should not be required to attend the mediation in good faith for resolution. Flagstone is the project developer of the location which is the subject of the dispute. A 1 19 full and meaningful resolution cannot be made without their attendance. Submitted Into the public feCord in connection with itemPris-A. Thompson City Clerk WHEREFORE, Plaintiffs move for entry of an order to show cause directed to Flagstone and further directing all parties and Flagstone to mediation forthwith. I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by mail this day of March, 2003 to Warren Bittner. Esquire, Attorney for City of Miami, 444 S. W. 2nd Avenue, Suite 945, Miami, FL 33130 and to Flagstone Properties LLC c/o Shutts & Bowen LLP, 1500 Miami Center, 201 S. Biscayne Blvd.. Miami, FL 33131. SUSAN I. NOE, ESQUIRE Inventory Attorney for KRIS E. PENZELL, P.A. Attorneys for Plaintiff 407 Lincoln Road, Suite 1OD Miami Beach, FL 33139 (305) 531-3000 VICTOR K. RONES, ESQUIRE RONES & NAVARRO Attorney for Plaintiff 16105 N.E. 18th Avenue N. Miami Beach, FL 33162 (305) 945-6522 By: VICTOR K. RONES, DIRE 2 IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION JOHN J. WATERMAN, et al., CASE NO. 94-17262 CA 05 Fla. Bar #245178 Plaintiffs, vs. THE CITY OF MIAMI, etc., Defendants. PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT ;, ;v COMES NOW Plaintiffs, JOHN J. WATERMAN, INELDA DE ARMAS atif LAZARO SANCHEZ, by and through their undersigned counsel and files this, their Motion to Amend Complaint, and as per Plaintiff's Second Amended Complaint attached hereto states and alleges as follows: 1. That in the context of additional discovery, additional facts have come to light which requires the amendment as set forth in Plaintiffs' Second Amended Complaint. 2. That as a consequence thereof, the amendment is necessary for the furtherance of justice. It is being filed in good faith and is not intended to hinder or delay the enforcement of justice and in no way prejudices the Defendants. WHEREFORE, Plaintiffs pray that this court grant its Motion to Amend Complaint. EBY CERTIFY that a true and correct copy of the foregoing was furnished by mail this ( ''day of June, 2002 to Warren Bittner, Esquire, Assistant City of Miami Attorney at 444 S.W. 2nd Avenue, Suite 945, Miami, FL 33130. RONES & NAVARRO Attorney for Plaintiffs 16105 N.E. le Avenue N. Miami Beach, FL 33162 (305) 945-6522 Submitted Into the public record in connection with item on PrlSalia A. C pClerk S011 JOHN J. WATERMAN, et al., Plaintiff, vs. CITY OF MIAMI, etc. Defendants. TO: Warren Bittner, Esquire 444 S.W. 2'd Avenue, Suite 945 Miami, Florida 33130 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 94-17262 CA 05 NOTICE OF HEARING = Motion Calendar Subrrlitied Into the public record in connection with item In Priscilla A: Thompson City Clerk YOU WILL TAKE NOTICE that the undersigned will call up for hearing PLAINTIFFS' FOR LEAVE TO FILE SECOND AMENDED COMPLAINT before the HONORABLE JON I. GORDON one of the Judges in the above styled court, at the Dade County Courthouse, 73 West Flagler Street, Room 400, Miami, Florida, on Tuesday, July 1, 2003 at 9:30 a.m., or as soon thereafter as may be heard. PLEASE BE GOVERNED ACCORDINGLY. I HEREBY CERTIFY that a true an orrect copy of the foregoing was furnished by mail to the above named addressee (s) this J • ay of June, 2003. RONES & NAVARRO Attorney for Plaintiff 16105 N.E. 18`h Avenue N. Miami Beach, FL 33162 (305) 945-6522 By: r-- VIC-K ONES, ESQUIRE ar #245178 In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact (the Court ADA Coordinator) (Attorney ADA Coordinator) no later than seven days prior to the proceeding. Telephone (Court ADA (305) 375-2006) (Attorney (305) 945-6522) for assistance; if hearing impaired, telephone (Court TDD (305) 375-2007) (Florida Rely Service (800-955-8771) for assistance. The undersigned certified that he has conferred or will confer, with counsel representing the opposing party prior to the hearing to attempt to narrow and/or resolve the issues raised in this motion. JOHN J. WATERMAN, INELDA DE ARMAS, LAZARO SANCHEZ, Plaintiffs, vs. THE CITY OF MIAMI, a Florida municipal corporation and FLAGSTONE ISLAND GARDENS, LLC, a foreign limited liability company, Defendants. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. ts =1 8 3 - 14 CA 21. Fla. Bar #245178 COMPLAINT Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk COME NOW the Plaintiffs, JOHN J. WATERMAN, INELDA DE ARMAS, LAZARO - SANCHEZ, (hereinafter referred to as "WATSON BOATMEN") by and through their undersigned counsel and sue the Defendants, THE CITY OF MIAMI, a Florida municipal corporation and FLAGSTONE ISLAND GARDENS, LLC, a foreign limited liability company, and in support thereof; allege and state: 1. That this is an action for damages in excess of $15,000.00 and for declaratory and other equitable relief and as such is within the jurisdictional limits of the Circuit Court. 2. That the Plaintiffs are residents of Miami -Dade County, Florida and sui juris. 3. That the Plaintiffs own and operate marine vessels and/or have contracted for berths at and/or operate fish sale facilities at Watson Island Marina, whose principal place of business is in Miami -Dade County, Florida. 1 4. That Defendant, the CITY OF MIAMI, (the "City") is a political subdivision of the State of Florida located in Miami -Dade County, Florida. 5. That the Defendant, FLAGSTONE ISLAND GARDENS, LLC ("Flagstone") is a foreign limited liability company doing business in Miami -Dade County, Florida. 6. That THE CITY OF MIAMI and the WATSON BOATMEN, have at all material times had a working relationship and THE CITY knew and it has always dealt with the WATSON BOATMEN knowing that the WATSON BOATMEN utilized said berths for their livelihood in the operation of fishing vessels and/or fish sales and created a tourist attraction for THE CITY OF MIAMI and were a benefit to THE CITY OF MIAMI. 7. That the Plaintiffs commenced their relationship with THE CITY OF MIAMI with written dockage agreements for one year. See Exhibit "A" attached hereto. (A) Said dockage agreements were to be renewed annually for 19 years or on a yearly basis ad infinitum pursuant to the representations and oral communications between the parties. (B) Based on the foregoing agreement and renewals for 20 years, the Plaintiffs: (i) Entered into possession of the dock spaces as hereinafter described; (ii) Paid rental based on said agreements from the date when said tenancy commenced in the early 1990's through 2003 and said rent was accepted by the City of Miami; (iii) In 2003, the City advised that it would no longer accept rentals and all said amounts have been paid into the court registry pursuant to order of the court. (iv) The Plaintiffs have made substantial and permanent improvements in reliance on the 19 renewal agreements as follows: been conducted; (a) Permanent structures have been erected from which businesses have 2 Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk (b) Investments have been made in equipment and business improvements for the various years; (c) Alternative locations available including Miami Marina and other locations have been abandoned based on the foregoing; (d) Furthermore, based on the foregoing and continued assurances of their continued presence and rental at the Watson Island location, the Plaintiffs have supported and assisted in the pursuit and passage of the referendum for development of said area by Flagstone. Same has consisted of the expenditure of funds and services to support and assist thereon based on the understandings and representations that Plaintiffs would be included in such development. 8. That Plaintiffs have retained the undersigned counsel and have agreed to pay him a reasonable fee for his services rendered. SIGNIFICANT NON-PARTIES 9. That Stephen H. Bogner ("Bogner") is the manager of all City owned marinas and was an employee of the City. 10. That Joe Arriola ("Arriola") is the City Manager of the City, appointed by the City Commission and was the highest administrative official of the City. CONDITIONS PRECEDENT 11. That prior to the institution of this action. the WATSON BOATMEN presented their claims in writing and have performed all conditions precedent to maintaining this action and/or performance thereof has been waived. 12. That the Plaintiffs have fully exhausted all available administrative remedies. THE COMMERCIAL BOAT BUSINESS 13. That since shortly after Watson Island opened for business a number of commercial boats have operated out of the marina. The commercial boats utilized space at Watson Island under an agreement with the City called a mooring and dockage agreement. 3 Submitted Into the public record in connection with item on -Priscilla A. Thompson City Clerk 14. That although commercial boat operators signed one year mooring and dockage agreements. the costs attendant with constructing a facility for and operating a commercial boat makes a one year agreement impracticable. Accordingly, it has been the custom and practice of the City that all such agreements are automatically renewable providing that the boat operator pays its fees to the City and does not commit any egregious violations of the agreement. 15. That based upon the foregoing, Plaintiffs expended considerable sums of money constructing improvements, advertising, creating and developing good will and ensconcing themselves at Watson Island for the establishment of a commercial fishing enterprise designed to enhance the City of Miami and provide a low cost fishing capability for citizens of Miami and tourists alike. 16. That in accordance with custom and practice.relating to commercial boats, the City represented that once the agreement was finalized it would be automatically renewable as long as rent was paid and no egregious violations were committed. 17. That at all times relevant during negotiations with the City, the City knew that Plaintiffs planned to build structures for the purpose of operating fishing charters and/or fish sales. 18. That upon receiving permission from the City to utilize docking space at Watson and in reliance upon the representations of the City as to dockage and automatic renewability, Plaintiffs constructed their improvements at Watson Island at substantial costs. 19. That the City has breached its agreement with Plaintiffs by refusing to renew Plaintiffs' mooring and dockage agreements in contravention of the agreements between Plaintiffs and the City and the City's custom and practice regarding these types of agreements. Further, the City is seeking to evict Plaintiffs from Watson Island. 4 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk COUNT I - WRONGFUL TERMINATION 20. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above, as if fully set forth herein. 21. That on or about June 17, 1994 the City caused a correspondence to be issued stating in pertinent part that "Due to the deteriorating condition of the Watson Island Marina facility as determined by the City of Miami Fire Marshall, building officials and electrical inspector, the Watson Island Marina facility will be closed effective midnight July 31, 1994." See Exhibit "B" attached hereto. 22. That management, operation, ownership and control of the marina are vested in the City of Miami that acts, in effect, as landlord pursuant to the mooring and dockage agreement. 23. That as such, it is the responsibility of the landlord, pursuant to the terms of the lease agreement and Florida law, to provide a facility in compliance with the alleged violations. - 24. That the failure to do so constitutes an actionable breach by the City of Miami for which the Plaintiffs are entitled to monetary damages. 25. That the action of the City of Miami as landlord in terminating the mooring and dockage agreement due to causes which are the landlord's responsibility constitutes a wrongful termination of the lease agreement for which Plaintiffs are entitled to monetary damages. WHEREFORE, Plaintiffs pray that this Court award money damages, costs of this action, reasonable attorneys fees and such other relief as this court deems just and proper. COUNT II - SPECIFIC PERFORMANCE 26. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above, as if fully set forth herein. 5 Submitted into the public record in connection with item _ on prisGThompsonlla A. City Clerk 27. That Plaintiffs will be irreparably harmed if they are required to vacate their marina slips at Watson. There are no other marinas in the City of Miami which lend themselves to party -type boat fishing and the interest in the marina slip, like other types of interests in real property, is unquestionably unique. Consequently, Plaintiffs have no adequate remedy at law concerning their interest in waterfront property owned by the City. 28. Plaintiffs are seeking specific performance of their rights to have their agreements renewed in accordance with its agreement with the City. Plaintiffs' reliance in constructing their facilities and improvements thereon with attendant costs of advertising, development of a business, etc., based upon the City's representations, together with its initial mooring and dockage agreement constituting a writing, the custom and practice of the City, Plaintiffs' current possessory interest in the marina slips, and the equities of the situation warrant specific performance. WHEREFORE, Plaintiffs request that this Court specifically enforce the agreements between Plaintiffs and the City as well as grant any other relief which is just and proper including costs of this action and reasonable attorney's fee. COUNT III SPECIFIC PERFORMANCE OF LEASE AGAINST CITY (PLED ALTERNATIVELY) 29. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth herein. 30. That the mooring and dockage agreement between the City and Plaintiffs constitutes leases because they represent leasehold interest in real property. 31. That these leases were valid agreements between the City and Plaintiffs and ran from year to year (subject to annual renewal thereafter in accordance with the City's practice and custom). 6 Submitted Into the public record in connection with item - on Priscilla A. Thompson City Clerk 32. That through the time of filing this action, Plaintiffs have been in possession of their leased marina slips at Watson. 33. That Plaintiffs' interest in the marina slips in question, from which they conduct commercial enterprises, are an interest in real property. Furthermore, Plaintiffs' interest in their slips is unique, i.e., is different in kind than marina slips at other marinas. 34. That Plaintiffs, in reliance on the fact that they have leases with the City, have continued to remit rent and conduct business as usual. On or about June 17, 1994 a representative of the City advised Plaintiffs that the City was terminating Plaintiffs' leases at Watson and that Plaintiffs had to vacate their marina slips. The City is without cause to terminate Plaintiffs' leases at Watson or to deny the existence of the renewal of Plaintiffs' leases. Based upon Plaintiffs' good faith belief that they had binding and valid leases and Plaintiffs' reliance upon that belief, the City's delay in notifying Plaintiffs to the contrary, together with the City's conduct toward Plaintiffs, and Plaintiffs' possessory interest -in the slips, the City is estopped from denying the new lease. 35. That Plaintiffs would be irreparably harmed if they are required to vacate their marina slips at Watson Island. Plaintiffs' leasehold interests in waterfront property owned by the City are unique in type and nature. Further. there are no other marinas in Dade County which would lend themselves to Plaintiffs' operations. Consequently, Plaintiffs have no adequate remedy at law. 36. That Plaintiffs are seeking specific performance of their rights to have their lease renewed in accordance with the City's conduct toward Plaintiffs. Plaintiffs' reliance, the City's acceptance of Plaintiffs' rent and Plaintiffs' current possessory interest in the demised space. WHEREFORE, Plaintiffs request that this Court find that a lease by estoppel existed between the City and Plaintiffs which leases are valid and that this Court specifically enforce these leases as well as 7 Submitted Into the public record in connection with item- on Priscilla A. Thompson City Clerk grant any other remedy which the Court finds is just and proper. COUNT IV TEMPORARY AND PERMANENT INJUNCTION AGAINST THE CITY 37. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth herein. 38. That Plaintiffs understood, based upon oral representations by the City, that the custom and practice of the City is to automatically renew commercial boat agreements, providing however that rent remain current and no egregious breaches of the agreements occur. Based upon the City's representations, Plaintiffs detrimentally relied upon the City's representations and constructed improvements, advertised and developed goodwill at Watson Island. The City orally agreed that it would automatically renew Plaintiffs' mooring and dockage agreement in accordance with the memorialized agreements heretofore referenced. 39. That alternatively, assuming arguendo, that Plaintiffs do not have continuing agreements with the City, Plaintiff s still have valid leases with the City and Plaintiffs have substantial likelihood of success in establishing that they had valid agreements of a continuing nature with the City or, alternatively, that they have valid leases with the City and thus have a substantial likelihood of prevailing on the merits of this action. 40. That Plaintiffs would be irreparably harmed if they are evicted from Watson Island. There are no other City of Miami marinas which lend itself to a head -boat type fishing business with walk-in passengers in South Florida and an eviction would result in putting Plaintiff s out of business. Furthermore, Plaintiffs went to great expense to create their businesses in reliance on the City's representations. The effect of the City's proposed eviction would be to economically shut down the 8 Submitted Into the public record in connection with item on _.Priscilla A. Thompson City Clerk operation of Plaintiffs and put the livelihood of those employed by Plaintiffs at risk. Plaintiffs have no adequate remedy at law. 41. That the City, on the other hand, would not be greatly harmed by allowing the Plaintiffs to continue paying rent to the City and remaining at Watson Island. Moreover, the City has had ample opportunity to promulgate reasonable rules and regulations governing commercial boats at Watson Island and has failed to do so to date. Plaintiffs should not be penalized based upon rules and regulations which either do not exist or are not applied evenly to all commercial boat operators. 42. That Plaintiffs have been operating out of Watson Island without incident since receiving the notice of eviction by the City in June 1994. On balance, the harm to the City in allowing Plaintiffs to remain pending the adjudication of its rights is minuscule compared to the irreparable harm forcing a business to totally cease operations out of a publicly owned marina. 43. That public interest is strongly furthered by promoting free-market competition among similar businesses. Plaintiffs offer the public a different type and size of boat, a different type of charter, and a different price structure compared to other boats operating out of other City owned marinas. The public is the ultimate beneficiary of having more, rather than fewer, boats competing. In contrast, the public is greatly disserviced by the creation of monopoly or partial monopoly interests. 44. That public interest is further served by treating similar types of tenants renting public facilities similarly. Public interest is greatly disserviced by showing undue favoritism, bias or prejudice among the same type or class of tenants at public facilities. 45. That public interest is also served by allowing all persons an equal opportunity to benefit from the use and rental of public facilities, or if there is a possibility of uneven treatment, to have such matters decided by open and competitive bidding after proper and timely advertisement and notice. Submitted Into the public 9 record in connection with item on Priscilla A. Thompson City Clerk WHEREFORE, Plaintiffs request this Court to temporarily enjoin the City from evicting Plaintiffs from Watson Island pending an adjudication by this Court of Plaintiffs' allegations as set forth in this Complaint and subject to Plaintiffs' paying their rent monthly either to the City or to the Court's registry. Plaintiffs further request, as alternative relief to Plaintiffs' Counts for Specific Performance. that this Court permanently enjoin the City from evicting Plaintiffs as long as Plaintiffs pay their rent and do not commit any egregious violation of its agreement in accordance with the City's practice and custom, and to find such violations lacking in this case, and to grant whatever other relief which this Court finds is just and proper. COUNT V MONETARY DAMAGES AGAINST CITY - BREACH OF CONTRACT 46. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth herein. 47. That an oral agreement existed between Plaintiffs and the City which provided: (1) that Plaintiffs could Iease slips from the City; (2) that the City would automatically renew Plaintiffs' mooring and dockage agreements. Pursuant to the agreement, Plaintiffs created businesses at a great cost.and have fully performed their agreement with the City. 48. That the City has breached the agreements by seeking to evict Plaintiffs from Watson. 49. That Plaintiffs have been monetarily damaged by the City's refusal to renew their mooring and docking agreements despite the City's representations to the contrary and established custom and practice by the City. WHEREFORE, Plaintiffs request that this Court award them damages including, consequential Submitted Into the public 1 o record in connection with item on Priscilla A. Thompson City Clerk damages and lost profits against the City for breach of contract, together with allowable costs and attorney fees and any other relief this Court deems is just and proper. COUNT VI MONETARY DAMAGES AGAINST CITY - 42 U.S.C. 1983 50. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth herein. 51. That the City is a political subdivision of the State of Florida and otherwise deemed to be a "state actor" subject to the Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983. 52. That Plaintiffs have agreements of a continuing nature to lease marina slips from the City at Watson Island, which agreements Plaintiffs have not breached. Plaintiffs also have valid leaseholds in real property owned by the City which have not been breached by Plaintiffs. 53. That Plaintiffs, by virtue of their agreements with the City and their leaseholds on City owned property, have constitutionally protected property interests. 54. That Plaintiffs also have constitutionally protected liberty interests as a result of their commercial enterprises which Plaintiffs are operating out of Watson Island pursuant to their agreements with the City and their leaseholds. 55. That the City has treated Plaintiffs discriminately and on different terms than afforded other commercial boat operators doing business in the City. The City has shown blatant and outright favoritism to certain other boat operators. The City Manager, as the highest ranking administrative official, has approved and condoned these actions. The City is attempting to arbitrarily, capriciously and/or illegally evict just one of a class or type of tenants on City owned property without affording due process and equal protection of the laws. 11 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk 56. That the City is attempting to arbitrarily, capriciously and/or illegally evict just one of a class or type of tenants on City owned property without having reasonable and just cause to evict. 57. That the City is arbitrarily, capriciously and/or illegally showing favoritism, bias or discrimination among a class or type of tenants occupying City owned property. 58. That the City's actions towards Plaintiffs in comparison to the other commercial boat operators has been discriminatory, biased and uneven in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983. Furthermore, the City's attempted eviction of Plaintiffs and its discriminatory actions towards Plaintiffs, are depriving Plaintiffs of their property and liberty interests in violation of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983. WHEREFORE, Plaintiffs request that this Court award monetary damages against the City and in favor of Plaintiffs based upon the City's violation of the Fourteenth Amendment and 42 U.S.C. 1983, together with costs and attorney fees and any other relief this Court finds is just and proper. COUNT VII: VIOLATION OF COVENANT OF GOOD FAITH AND FAIR DEALING 59. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth' herein. 60. An oral agreement existed between Plaintiffs and the City which provided (1) that Plaintiffs could lease slips from the City; (2) that the City would automatically renew Plaintiffs' mooring and dockage agreements. 61. Pursuant to the agreement, the plaintiffs created and maintained their businesses as well as provided for the repair and maintenance of Watson Island. The development of said businesses as well Submitted Into the public record in connection with 12 item on _Priscilla A. Thompson City Clerk as the maintenance and repair were done at great costs and great personal sacrifice based on the Plaintiffs agreement/understanding with the City. 62. The City of Miami and Flagstone entered into an agreement for the lease and development of the property of Watson Island where the Plaintiff's are located. a. A copy of the front page of the agreement is attached as Exhibit The full agreement is so voluminous that same is not attached as copies are currently in possession of all defendants. b. Pursuant to paragraph 4.2.6 of said agreement that was entered into, it provided for the removal of the Plaintiffs to permit development of the property. See Exhibit "D" attached hereto. c. The Plaintiffs are not and have not been immediate parties to said agreement. 63. On September 10, 2001 Flagstone was negotiating and attempting to enter into the development proposal and lease for the property. A copy of the letter provided on said date is attached hereto as Exhibit "E". Said letter provided thereon under VI at page 7 that addressed the City requirement that the fresh fish market operated by some or all of the Plaintiffs be made part of the development project. 64. Based upon the foregoing September 10, 2001 letter, the interoffice recommendation for approval was generated on September 11, 2001 advising that the fish market was included in the development proposal. A copy of said interoffice recommendation is attached hereto as Exhibit "F". 65. The foregoing was in accordance with the interoffice memo requirement attached hereto under which Flagstone specifically advised that the Plaintiffs/current operators were to be kept as the Fish market. See Exhibit "I" attached hereto. 66. Indeed, when the referendum thereon was presented to the public, same was provided in Submitted Into the public 13 record in connection with item °nPriscilla A. Thompson Clerk advertisements reflecting the fish market. (See Exhibit "G" reflecting mercado maritiino) 67. On October 26, 2001, the letter of assurance attached as Exhibit "H" was provided unto the Plaintiffs. Same reflected that Flagstone committed to the Plaintiffs that said Plaintiffs would not be displaced from the Watson Island location. 68. Thereafter, Flagstone entered into the lease agreement, relevant copies attached hereto, under which it was agreed that the Plaintiffs would be removed from the premises. 69. The City had required Flagstone to include the Plaintiffs in their development plans and provide for their continued existence there. 70. The City has entered into the agreement hereinbefore referenced under which Flagstone has required City to evict the plaintiffs. 71. The foregoing conduct constitutes a breach of the implied covenant of good faith and fair dealing from the City to the Plaintiffs. Wherefore, Plaintiffs request that this court award damages to them including consequential damages (attorneys's fees expended as special damages) and lost profits against the City together with such further relief as the court may deem just and proper. COUNT VIII: THIRD PARTY BENEFICIARY CLAIM FOR BREACH OF AGREEMENT AGAINST FLAGSTONE AND CITY OF MIAMI 72. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth herein. 73. An oral agreement existed between Plaintiffs and the city which provided (1) that Plaintiffs could lease slips from the City; (2) that the City would automatically renew Plaintiffs mooring and 14 Submitted Into the public record in connection with item - on Priscilla A. Thompson City Clerk dockage agreements. 74. Pursuant to the agreement, Plaintiffs created and maintained their businesses as well as provided for the repair and maintenance of Watson Island. The development of said businesses as well as the maintenance and repair were done at great costs and great personal sacrifice based on the Plaintiffs agreement/understanding with the City. 75. The City of Miami and Flagstone entered into an agreement for the lease and development of the property of Watson Island where the plaintiffs are located. a. A copy of the front page of the agreement is attached as Exhibit "C". The full agreement is so voluminous that same is not attached as copies are currently in possession of all defendants. b. Pursuant to paragraph 4.2.6 of said agreement that was entered into, it provided for the removal of the Plaintiffs to permit development of the property. See Exhibit "D" attached hereto. c. The Plaintiffs are not and have not been immediate parties to said agreement. 76. On September 10, 2001, Flagstone was negotiating and attempting to enter into the development proposal and lease for the property. A copy of the letter provided on said date is attached hereto as Exhibit "E". Said letter provided thereon under VI at page 7 that addressed the City requirement that the fresh fish market operated by some or all of the plaintiffs be made part of the development project. 77. Based upon the foregoing September 10, 2001 letter, the interoffice recommendation for approval was generated on September 11, 2001 advising that the fish market was included in the development proposal. A copy of said interoffice recommendation is attached hereto as Exhibit "F". 78. The foregoing was in accordance with the interoffice memo requirement attached hereto under 15 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk which Flagstone specifically advised that the plaintiffs/current operators were to be kept as the Fish market. See Exhibit "I" attached hereto. 79. Indeed when the referendum thereon was presented to the public, same was provided in advertisements reflecting the fish market. (See Exhibit "F" reflecting mercado maritimo). 80. On October 26, 2001, the letter of assurance attached as Exhibit "G" was provided unto the Plaintiffs. Same reflected that Flagstone would commit to insuring that the Plaintiffs would not be displaced from Watson Island location 81. Thereafter, Flagstone entered into the lease agreement, relevant copies attached hereto, under which it was agreed that the plaintiffs would be removed from the premises. 82. The City had required Flagstone to include the Plaintiffs in the development plans and provide for their continued existence there. 83. The City has entered into the agreement hereinbefore referenced under which Flagstone has required City to evict the plaintiffs. 84. The Plaintiffs were intended beneficiaries of the lease and development agreement between agreement between the City and Flagstone. a. The plaintiffs were intended to remain at Watson Island and become entitled to be tenants and continue their businesses at said location. b. Said intended beneficiary status was directly and specifically contemplated by City and Flagstone. 85. The City and Flagstone have breached the agreement by failing to provide for Plaintiffs' continued possession; indeed. Their agreement provides for the ouster of the plaintiffs. 86. Pursuant to the agreement, Plaintiffs created and maintained their businesses as well as provided for the repair and maintenance of Watson Island. The development of said businesses as well Submitted Into the public 16 record in connection with item Priscilla A. Thompsonilerk as the maintenance and repair were done at great costs and great personal sacrifice based on the Plaintiffs agreement/understanding with the City. Wherefore, Plaintiffs request that this court award damages to them including consequential damages (attorneys's fees expended as special damages) and lost profits against the City and Flagstone together with such further relief as the court may deem just and proper. COUNT IX: INTERFERENCE WITH BUSINESS RELATIONSHIP AGAINST FLAGSTONE 87. That Plaintiffs reallege and incorporate herein paragraphs 1 through 19 above as if fully set forth herein. 88. An oral agreement existed between Plaintiffs and the City which Provided (1) that Plaintiffs could lease slips from the City; (2) that the City would automatically renew Plaintiffs mooring and dockage agreements. 89. Pursuant to the agreement, the Plaintiffs created businesses and provided for the maintenance of the grounds at great costs and have fully performed their agreements with the City. 90. The City of Miami and Flagstone entered into an agreement for the lease and development of the property of Watson Island where the Plaintiffs are located. a. A copy of the front page of the agreement is attached as Exhibit "C". The full agreement is so voluminous that same is not attached as copies are currently in possession of all defendants. b. Pursuant to paragraph 4.2.6 of said agreement that was entered into, it provided for the removal of the Plaintiffs to permit development of the property. See Exhibit "D" attached hereto. c. The Plaintiffs are not and have not been immediate parties to said agreement. Submitted into the public 17 record in connection with item .. on "Priscilla A. Thompson �mC,erlc 91. On September 10, 2001, Flagstone was negotiating and attempting to enter into the development proposal and lease for the property. A copy of the letter provided on said date is attached hereto as Exhibit "E". Said letter provided thereon under VI at page 7 that addressed the City requirement that the fresh fish market operated by some or all of the Plaintiffs be made part of the development project. 92. Based upon the foregoing September 10, 2001 letter, the interoffice recommendation for approval was generated on September 11, 2001 advising that the fish market was included in the development proposal. A copy of said interoffice recommendation is attached hereto as Exhibit "F". 93. The foregoing was in accordance with the interoffice memo requirement attached hereto under which Flagstone specifically advised that the plaintiffs/current operators were to be kept as the Fish market. See Exhibit "I" attached hereto. 94. Indeed when the referendum thereon was presented to the public, same was provided in - advertisements reflecting the fish market (See Exhibit "G" reflecting mercado maritimo) 95. On October 26, 2001, the letter of assurance attached as Exhibit "H"was provided unto the Plaintiffs. Same reflected that Flagstone would commit to insuring that the Plaintiffs would not be displaced from the Watson Island location. 96. Thereafter, Flagstone entered into the lease agreement, relevant copies attached hereto under which it was agreed that the Plaintiffs would be removed from the premises. 97. The City had required Flagstone to include the Plaintiffs in the development plans and provide for their continued existence there. 98. The City has entered in the agreement herein before referenced under which Flagstone has required the City to evict the Plaintiffs. Submitted into the public record in connection with 18 item on Priscilla A. Thompson City Clerk 99. Flagstone knew of the agreement and relationship between City and Plaintiffs. 100. Flagstone has intentionally required under the lease and development agreement that the City breach the agreement with plaintiffs. 101. No justification or privilege exists to permit the foregoing. 102. The action caused and created herein by Flagstone is in direct contravention of Flagstone's statements and representations to Plaintiffs. 103. Pursuant to the agreement, Plaintiffs created and maintained their businesses as well as provided for the repair and maintenance of Watson Island. The development of said businesses as well as the maintenance and repair were done at great costs and great personal sacrifice based on the Plaintiffs agreement/understanding with the City. Damages are being suffered by Plaintiffs, including loss of Plaintiffs' businesses. 104. That Plaintiffs hereby demand trial by jury of all issues so triable thereby. Wherefore, Plaintiffs request that this court award damages to them including consequential damages (attorneys's fees expended as special damages) and lost profits against the City and Flagstone together with such further relief as the court may deem just and proper. RONES & NAVARRO Attorney for Plaintiffs *P.O. Box 190737, Miami Beach, FL 33119 16105 N. E. I8'h Avenue, N. Miami Beach, FL 33162 (305) 945-6522 By: VICTOR K. RONES, : • UIRE 19 Submitted Into the public record in connection with item on CtyClerk tI3 at timt Submitted into he public record in connection with . item on Priscilla A. 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O SOK 77C7,7.a cLOaiO+ 33233 -07C 9 705-230-3-.0C r+. 303-2a5 -C]3 VIA U.S. MAIL & CERTIFIED MAIL RETURN RECEIPT REQUESTED #P014 048 286' June 17, 1994 Capt. John J. Waterman. d/b/a Reward Fishing Fleet, Inc. • 595 S.W. 107th Avenue Miami, FL 33174-1516 Re: Vessel: Berth: Notice of Termination of Moorage and Dockage Agreement Closure of Watson Island Marina Facility Blue Sea II Watson Island #35; #36 & #37 Dear Mr. Waterman: I regret to inform you that due to the deteriorated condition of the Watson Island Marina facility, as determined by the City of Miami Fire Marshall, Building Official, and Electrical Inspector, the Watson Island Marina facility will be closed effective midnight July.31, 1994. At that time, all water and electric service to the marina facility will be disconnected, and. your moorage and dockage agreement will be terminated. You are therefore requested to immediately make arrangements to berth your vessel at another facility and to vacate your berth at the Watson Island facility. You are also requested to ensure that all of your personal belongings, equipment, and trade fixtures are removed from the facility by the above date. If you elect to leave the marina before the date of termination (July 31, 1994), which you are encouraged to do, your dockage fee will be prorated for the month. Any refund of dockage fees or security deposit due will be made to you in the normal course upon surrender of possession of the berth to the Dockmaster, and the removal of all of your personal property from the facility. Capt. John J. Waterman June 17, 1994 Page 2 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk You are invited to consider applying for berthage at other City of Miami facilities such as the Miamarina at Bayside or the Dinner Key Marina in Coconut Grove by calling 579-6980. I apologize for any inconvenience the closure of this facility may cause you, and hope you will consider continuing your relationship with the City of Miami at another marina facility. Very duly yours, Cesar H. Odio City Manager M4125/CHO/WB/bjr 13g Submitted Into the public record in connection with item on AGREEMENT TO ENTER INTO GROUND LEASE Priscilla A. Thompson City Clerk The CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("Cir.:-), and FLAGSTONE ISLAND GARDENS, LLC, a Delaware limited liability company, f/k/a and successor by merger to Flagstone Properties, LLC, a Florida limited liability company ("Flagstone"). hereby enter into this Agreement to Enter Into Ground Lease (this "Agreement"), as follows: RECITALS: WHEREAS, City owns that certain real property consisting of approximately 10.8 acres of upland (the "Upland Parcel") and 13.4 acres of adjacent submerged land (the "Submerged Parcel-) in and about the northwest quadrant of Watson Island, located in Miami -Dade County ("County-) Florida, as more particularly described in Exhibit A attached hereto (the "Property" ); and WHEREAS, City desires that the Property be developed as a mixed use waterfront development in accordance with that certain Mega Yacht Marina and Mixed Use Waterfront Development Opportunity — Watson Island Miami, Florida Request for Proposals, dated February, 2001 (as amended, the "Watson Island RFP"); and WHEREAS, in response to the Watson Island RFP, Flagstone submitted a proposal to City entitled `'Island Gardens at Watson Island RFP" dated July l3, 2001 (the "Island Gardens Proposal"); and WHEREAS, on November 6, 2001, the Island Gardens Proposal was approved by voter referendum by the electorate of the City of Miami, which referendum granted Flagstone the right to negotiate with City the terms by which Flagstone would develop and ground lease the Property; and WHEREAS, City and Flagstone now desire to enter into this Agreement for the development and ground lease of the Property, subject to the terms and conditions contained herein. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained City and Flagstone agree as follows: ARTICLE 1. DEFINITIONS; INCORPORATION OF RECITALS AND EFFECTIVE DATE. The foregoing Recitals are true and correct and are incorporated herein by this reference. This Agreement shall be effective as of the date of execution hereof by the City, as set forth next to the place f� EXHIBIT.,. GY&S/208223.17 Submitted Into the puvnn; record in connection with item on Priscilla A. Thompson 4.2.6. Removal of Existinc, Occupants. From and after the Effective Date, City Zity Clerk use good faith reasonable efforts (which shall in no event be deemed to include any financial obligation on the part of the City) to remove or otherwise enter into agreements which provide for the removal of those certain existing occupants of the Property more particularly described on Exhibit 4.2.6 attached hereto (the "Existing Occupants") on or before the Lease Delivery Date (it being understood that Cite shall provide to Flagstone any proposed agreement negotiated by the City with those certain tenants designated on Exhibit 4.2.6 as "fish markets" for such tenants to remain in place until immediately prior to the Lease Delivery Date prior to the execution by City thereof for Flagstone's review and comments: it being understood, however, that Flagstone shall have no rights of approval thereover). City shall attempt to enter into agreements for such removal or otherwise remove such Existing Occupants within six (6) months from the Effective Date, subject to Events of Closure. Flagstone may, at Flagstone's sole discretion, negotiate agreements with any Existing Occupants for the continued occupancy at the Marina (solely as a subtenant of Flagstone under the Ground Lease and only during the term thereof), and if such an agreement is reached by the applicable parties, then, notwithstanding anything contained herein to the contrary, City shall have no further responsibility under any such agreements negotiated by Flagstone with such Existing Occupant(s) (it being understood that: (i) in no event shall Flagstone be permitted to bind the City to any such agreement in the event that Flagstone and the City do not enter into a Ground Lease hereunder or in the event of any termination of such Ground Lease; and (ii) and any such agreement between Flagstone and an Existing Occupant(s) shall contain an acknowledgment by such Existing Occupant(s) that its rights under such agreement relate only to Flagstone's leasehold estate and such Existing Occupant(s) releases City from any and all claims of rights to occupy the Property or entitlements to compensation in lieu thereof in the event of a termination of the Ground Lease for any reason whatsoever). 4.2.7. Each party hereby agrees to keep the other party regularly apprised in writing as to what actions have been taken by such party in order to satisfy their respective conditions precedent set forth above and the status thereof. 4.3. Termination by City. In the event that: (i) Flagstone fails to file its MUSP Application and NOPC Application with the applicable Governmental Authorities or fails to execute and deliver to City a "First Source Hiring Agreement" which is reasonably acceptable to City within six (6) months from the Effective Date (which date shall not be extended for an Event of Closure) (the "MUSP/NOPC Application Deadline"); or (ii) Flagstone fails to obtain the MUSP Approval and NOPC Approval within twelve (12) months from the MUSP/NOPC Application Date (which date may be extended by Flagstone for an Event of Closure the "MUSP/NOPC A • ' roval Deadline"), then City shall have the right (but 9 200012 GY&S/208223.17 B 0 W' E N Submitted Into the public record in connection with L L P item _ _ _on -- — Priscilla A. Thompson > roxaYs AND COUNSELLORS AT LAW City Clerk JUDrrH A. BURK. OIEt CCT UNE (3051 37 0.01a7 E•MI3II, j�v; ke23ActI5la•.+.COm September 10, 2001 VIA FACSIMILE AND HAND DELIVERY Mr. Alejandro Vilarello City Attorney City of Miami 444 S.W. 2"d Avenue, 9th Floor Miami, Florida 33131 Re: Unified Development Project Proposal (RFP) for Watson Island Mega Yacht Marina and Mixed Use Development ("Project"). Dear Mr. Vilarello: This Firm represents Flagstone Properties, LLC, ("Flagstone") with regard to the above referenced matter. We have prepared the following letter to assist counsel for the City of Miami ("City") in its response to the formal notice of protest and written protest filed by Watson Island Partners ("Watson Island Partners") on September 6, 2001. On July 16, 2001, Flagstone filed its proposal ("Proposal") in response to the Watson Island Request for Proposals ("RFP"). After the City Staffs thorough review for completeness and compliance with all formatting and content requirements set forth in the RFP, the City Staff deemed the Proposal responsive and forwarded it to the Review Committee for evaluation. See attached Exhibit "A"; See also Metropolitan Dade County v. Fuller, 515 So. 2d 1312, 1313-14 (Fla. 3d DCA 1987)(staffrecommendations constitute substantial competent evidence and can sustain a commission decision) and Allapattah Community Assoc.. Inc. v. City of Miami, 379 So. 2d 387, 393-94 (Fla. 3d DCA), cert. denied, 386 So. 2d 635t(Fla. 1980) )(staff recommendations should be given great weight because they constitute substantial competent evidence). The Review Committee conducted numerous hearings, heard the respondents' presentations, reviewed the City -hired independent consultants' reports and unanimously endorsed and recommended the Flagstone Proposal. The Review Committee found that the Proposal guaranteed the best financial benefit to the City, great urban and architectural design, and provided the most practical use for Watson Island. (August 30, 2001, Review AtLANII CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAML MIAMI FORT LAUD 'MALE WEST PALM IEA • FACSIMILE (3031381.9982 • WEBSITE: w. wshu(u•Isw.eom W+LASSEE —^' 'A.'(ST VOAM LOMOON Mr. Alejandro Vilarello September t0, 200t Page 2 Submitted Into the uW with _ lic- record in connection item on ------ PrisGlla A. Thompson ierk Committee Meeting, pg. 17, 34). In recommending the Proposal. the Review Committee made a finding that the Proposal was the most advantageous proposal to the City consistent with the RFP's requirements. The Review Committee forwarded its decision to the City :`tanager for consideration. According to the City's delineated schedule, the City Manager was to forward his recommendation to the City Commission for vote on Monday, September 17, 2001, so that the City could submit the Project for public approval through a referendum in the upcoming November 2001 general election. As you know, the schedule for this process was very tight given the need for a public referendum in the upcoming election. As a matter of fact, the original time period in the RFP provided approximately three weeks additional time for the City to consider the Review Committee's recommendation but this period was reduced by approximately three weeks because counsel for Watson Island Partners complained to the City that it needed additional clarification on the RFP and additional time to prepare a response. The City Commission granted this request. The City and responsible respondents have made every effort to adhere to these new stringent time requirements. Nevertheless, on the eve of the City Commission vote and against the best interest of the City, Watson Island Partners has filed a meritless protest for the sole purpose of derailing the City Commission's vote, preventing the public referendum and side-tracking the Project for at least another year. This calculated move is designed to block the timely resolution of this issue so that -Watson Island Partners can completely overhaul its proposal-aproposal that the Review Committee has already held is not in the best interest of the City. The City should not allow Watson Island Partners to engage in such irresponsible and detrimental behavior. I. The Flagstone Proposal Includes All Required RFP Response Forms and Complies Fully with•the Affirmative Action Reporting Guidelines. Watson Island Partners incorrectly argues that the Proposal does not comply with the RFP's "affirmative action requirements" and that the Review Committee confirmed this fact. Watson Island Partners mischaracterizes the affirmative action reporting guidelines and the findings of the Review Committee. The RFP requires that "a copy of respondents's currently effective affirmative action program in accordance with City Code Sections 2-778 and 18- 136 et seq.; should be included. Submitted Into the public Mr.lejandro Vilarello record in connection with September 10, 2001 item on Page Priscilla A. Thompson City Clerk The language of the RFP clearly indicates that the reporting guidelines are permissive and not mandatory. As a result, an affirmative action Program is not necessary to render a proposal responsive. Not surprisingly, Watson Island Partners also did not include an affirmative action plan in its proposal. At the least, a party protesting an award to another bidder must be prepared to show not only that the other bid was deficient, but must also show that the protestor's own bid does not suffer from the same deficiency. Intercontinental Properties. Inc. v. State Dept. of Health and Rehab. Serv., 606 So. 2d 3S0 (Fla. 3d DCA 1992). Equally important is the fact that, Flagstone is a newly created LLC. It was created solely for the purpose of this Project. As a result, it has not yet been able to design an affirmative action program. However, Flagstone did include the Affirmative Action Plans for each and every member of the Development Team, including Flagstone Properties, the newly created entity. See attached Exhibit "B". Each and every member of the development tearn pledged through the Affirmative Action Policy Statement that they were "committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and applicants opportunities available throughout [their respective] organizations." In addition, Flagstone was the only respondent to include an extensive minority hiring and training program as part of its Proposal. To ensure that the needs of the City's very diverse community were met, Flagstone also committed to the Miami First Source Hiring Agreement. See attached Exhibit Despite assertions to the contrary, the Review Committee did not find that Flagstone had failed to meet any of the requirements of the RFP. A thorough review of the transcript reveals .that the Review Committee clearly found that Flagstone's Proposal was the most advantageous to the City. In fact, the Review Committee found that Flagstone's affirmative action cbmmitments amounted to more than "Window Dressing"as compared to the other proposals. (August 30, 2001, Review Committee Meeting, pg. 41). Amazingly, Watson Island Partners alleges that the Proposal is non responsive in a material way because the Development Team members failed to execute or notarize Minority/Woman Business Affairs Affidavits. Flagstone indeed submitted its Minority/Women Business Affairs Affidavits, but did not execute or notarize them because they were marked "Not Applicable." The Objectors must also have believed that it was unnecessary to execute and notarize a non -applicable affidavit because Watson Island Partners also did not notarize the affidavits that it marked "Not Applicable." Clearly, the Mr. Alejandro Viiarello September 10, 2001 Page 4 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk non -execution of these affidavits, that were not applicable, cannot deem a proposal materially non -responsive. The Disclosure and Disclaimer section of the RFP provides that the City has the right to \valve irregularities in any proposal. At the most, the failure to execute and notarize the affidavits is a minor irregularity that can be Nvaived by the City. As recognized by the Court in Intercontinental Properties, there is no public interest, much less substantial public interest, in disqualifying bidders for technical deficiencies in form, where the bidder did not derive any unfair competitive advantage by reason of the technical omission. Id. at 3S6. II. The Flagstone Proposal Includes All Required Renderings of the Overall Site. The required rendering of the overall site from MacArthur Causeway was provided as an insert to the Proposal in Book 1: Section IV-24 - Narrative Description Boards, Board 4 titled: "Ground Floor Site Plan". A similar view but at a different angle can be seen in the same section (IV.24 -1) titled "Biscayne Bay View". There is also an illustration of the Project from the bridge on the Master Plan drawing. This is a pen -and -ink drawing and illustrates the view of the hotels, waterfront, and the details of the Project in full view of all those crossing the bridge. This complies with the RFP request for a view from the causeway. As a result, Watson Island Partner's objection on this basis is without merit. III. The Flagstone Proposal Fully Responds to the RFP's Financial Feasibility Requirements. Watson Island Partners improperly seeks to have the Proposal deemed non -responsive because Flagstone allegedly states in its Executive Summary that the City may receive proceeds from the sale of time share licenses but does not include further information in Section IX of the Proposal. What Watson Island Partners conveniently fails to include in its protest, despite the fact that it is clear from the Proposal and from the Review Committee meetings, is that the time share sales were not an integral part of the Proposal's financial package and of the proceeds the City was to receive. Flagstone deemed the sale of the time share licenses as too speculative and unreliable to form a basis for any financial package. Therefore, it did not make the share of the timeshare licenses a part of its financial package. Instead, Flagstone chose the more conservative approach and used the rental of these hotel suites as a base for calculating the NIr. Alejandro Vilarello Submitted Into the public September 10, 2001 record in connection with item on Page ' Priscilla A. Thompson City Clerk return to the City. Flagstone and the independent consultants that evaluated the Proposal viewed any proceeds the City receives as a result of the sale of the time share licenses to be an additional bonus to the City. Because the time share licenses were merely additional and not an integral part of the financial package that the independent auditors reviewed, they cannot be material and cannot possibly serve to deem a proposal non responsive. In addition, the City of Miami hired an independent consultant, Barry Abramson with Abramson & Associates, to evaluate the feasibility of the proposals as to their return to the City. Mr. Abramson found that Flagstone's Proposal provided the highest return to the City of Miami. In fact, this return was more than five times the amount that Watson Island Partners could guarantee. IV. The Flagstone Proposal Fully Responds to the RFP's Development Entity Requirements. Watson Island Partners argues that Flagstone failed to provide information concerning its ownership so that the City could conduct a proper background investigation to determine that the development entity did not include a Member who had previously defaulted on a City lease. Mehmet Bayraktar is the only shareholder of Flagstone. Sherwood Weiser and Eric R. Kuhne are on the Board of Directors, but they are not shareholders with an interest of five percent or more. Nevertheless, all of the required information concerning all of these individuals was provided to the City. Receipt of this information by the City was confirmed on August 2, 2001, in Flagstone's response to the City's inquiry after the initial Project meeting. Contrary to the self serving assertions by Watson Island Partners, Flagstone provided all the resumes of its "key individuals" as required by Item X(2) of the RFP. See attached Exhibit "D". Addendum IV defines "Key Individuals" as: ... one or more individuals or entities whose involvement in the ownership and/or management of the project is deemed integral by the City to the success of the project and whose ongoing involvement in the project was relied upon by the City in awarding the RFP... . The individuals identified in section 4(B) of Watson Island Partner's protest are not "key" members as defined in Addendum IV and therefore their resumes were not included in the RFP. Mr. Alejandro Vilarello Submitted Into the public September 10, 2001 record in connection with Page 6 item on Priscilla A. Thompson City Clerk Surprisingly, Watson Island Partners argues that Flagstone failed to describe each team member and consultant's past experience in violation of the RFP. However, the Proposal includes detailed resumes for each member of the Development Team and its consultants. See attached Exhibit "D". Moreover, all licenses and corporate registrations have been submitted. See attached Exhibit "E". V. The Flagstone Proposal Fully Responds to the RFP's Financial Capability Requirements. The RFP requires respondents and participating team members to disclose whether they have been involved in any litigation or other legal dispute involving real estate during the last five years. The respondent for the Proposal in question is Flagstone . Flagstone was • created for the purpose of developing this Project and has not been involved in any legal dispute. Mehmet Bayraktar is the principal shareholder ofFlagstone and he also has not been involved in any applicable Iegal disputes. The City hired an independent consultant (Price Waterhouse Coopers) to investigate the financial capacity and conduct a complete background search of each of the.applicants. Price Waterhouse Coopers conducted a thorough domestic and international investigation and found that: No bankruptcy filings were identified for Flagstone; Although the entities comprising Flagstone had been involved in litigation, they were general course of business litigation typical of entities of its size; Review of national media and industry reports did not identify any additional issues that appeared to impact Flagstone's future ability to operate; A background investigation of Flagstone and its principal did not identify any pertinent issues related to its business operations that should prejudice the City in their future consideration of Flagstone. See attached Exhibit "F". Mr. Alejandro Vilareilo Submitted Into the public September 10, 2001 record in connection with Page 7 item on Priscilla A. Thompson City Clerk Regrettably, Watson Island Partner's irrelevant reference to the Bayraktar Group is nothing more than another desperate attempt to improperly impugn Flagstone by trying to resurrect an issue that was considered by the City of Miami, the Review Committee and its independent auditors to have no merit whatsoever. See attached Exhibits "G" and "H". Watson Island Partner's position on this issue is shameful, meritless and nothing. more than a continuation of the "whispering campaign" that Flagstone's opponents initiated at the inception of this bid process. Moreover, Flagstone provided three letters (the RFP requires only two) from very reputable financial institutions setting out the sources of equity/debt capital and their relationship with the applicant along with the requisite contact information. See attached Exhibit "I". It also provided letters of recommendation from foreign banks with a long business history with Flagstone's 'principal. As a result, Watson Island Partner's objection on these issues is without merit. VI. The Flagstone Proposal Fully Responds to the RFP's Urban Design Principles and Guidelines. The fish market was placed at this location in direct response to the City's Addendum IV, "General Corrections & Additions",, which required the fresh fish market to be part of the waterfront development of this Project. Furthermore, it refers to the fresh fish market as part of the marina design, which therefore means that it can be included within 100' setback. This structure has been foreseen to be an unenclosed open-air fabric structure that is permitted within the setback requirements of the City of Miami. See (Sec. 3. Powers (mm) Building & Zoning (ii)). The dining area annex to the fish market is to be located outside the 100' setback, on the structure labeled "Marina Amenities" as shown on Section IV-B.9, Drawing labeled "Retail and Dining Plan". The fish market is a support to these marina amenities. In addition, the performance barge is a floating pontoon that will not be permanently moored to the marina. It will only be used periodically as required for specific events and is located outside of the required minimum 100' setback from the waterfront. Mr. Alejandro Vilarello September 10, 2001 Page S Submitted Into the public record in connection with item on Priscilla A. Thompson -- City Clerk VII. The Flagstone Proposal Does Not Include Prohibited Timeshare Estates. When the Club Regent Summary (Flagstone Response, Page ``-19) states that the underlying real estate "may be sold as Right -to -Use or members may own an interest in a trust or corporation that owns the Club and facilities," it is referring to one of the many mechanics for the sale of these units used in other ongoing Regent Hotel operations. Further this section can describe "Timeshare Licenses" as well as "Timeshare estates." Timeshare licenses are not prohibited under the RFP. (See Addendum V). In fact, the Hotel section of the Proposal (Flagstone Response, Page IV-1 I) clearly spells out that "Appointments to the 300 hotel rooms and the 50 suites are to be structured within the time-share parameters defined in the RFP." See attached Exhibit "J". Moreover, the Review Committee and the City's independent consultants never evaluated the Proposal based upon the sale of timeshares. As discussed in greater detail above, Flagstone agreed with the City's consultants that the timeshare license market data is too sparse and unreliable to form the basis for a proper financial package to the City. As a result, Flagstone was not evaluated on this criteria. Any objection on responsiveness based upon these grounds is flawed and unsupported by the facts. VIII. Conclusion In conclusion, Flagstone has demonstrated herein that the notice of protest and written protest by Watson Island Partners is completely meritless. The protest has been filed as part of a calculated effort to derail the City Commission's consideration of this issue in contravention of the City's best interests. The record clearly demonstrates that City Staff thoroughly evaluated the Flagstone Proposal and determined that it met the RFP's submission mandates. Similarly, the Review Committee conducted its own evaluation and unanimously recommended the Flagstone Proposal for approval. As a result, the City should,deny the Watson Island Partner's protest as insufficient as a matter of law and fact. Mr. Alejandro Vilarello September 10, 2001 Page 9 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Please contact me if you need additional information. Thank you for your continued assistance throughout this process. Very truly yours, Judith A. Burke Ni1,400CS 454747.3 LAC •OFFiCE d,1FvvlORAi`1OUM';l The Honorable Mayor and Members cf the City Commission Gil lenez City Nlanaier Into the Inub,,c Submitted connection w€th record in c0 ._ item rise A. Thompsonk P City Cif September 11, 2001 Resolution Accepting Proposal ;or the Development of Watson ls:anc • For Commission ?; eat ,c cf Sep.. 17, 2_C1 Birder RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution pertaining to the. Unified Development Project for the northwest quadrant of Watson Island, more specifically, the development of a Mega Yacht Marina, Fish Market, and other defined upland uses on approximately 1.0.8 acres of city -owned waterfront property and 13.4 acres of submerged land, a total of 24.2 acres. After a careful review of the proposals and the reports from the Review Committee, the CPA firm of PricewaterhouseCoopers, LLP, and Barry Abramson, a real estate consultant under contract with the City, each performing an independent evaluation of the three (3) proposals that were received, I am pleased to recommend that the City Commission accept the proposal submitted by Flagstone Properties, LLC. This is an important and exciting step for the City of Miami as it represents the first major development of City property in a new era of professionalism and development outreach, evidenced by the Miarni Development Summit of April 2001. and by the City's participation in national industry -related conferences and marketing efforts. The recommended proposal provides for the development of the! required mega -yacht marina_;. and fish market, as well as 2 hotels, each with a small number of timeshare units, cultural facilities including a maritime museum and public gardens, restaurants, retail shops, and • Support facilities. The legislation would also authorize the negotiation of a lease agreement with said proposer, including particular terms and conditions listed in the resolution and subject to final approval of the City Commission. The legislation contains additional disclaimers regarding contractual rights of said proposer (rot until there has been a favorable vote of the electorate, as required by City Charter and the agreement has been executed by the City), and provides for the termination of the process without financial or legal liability to the City in the event the negotiations fail. BACKGROUND Beginning in late 1998, the Department of Real Estate and Economic Development has administered this Unified Development Project (UDP) process for the Mega Yacht Marina, Fish Market and Mixed Use Development on Watson Island. The objective of the process is to obtain from the private sector an integrated package of development services including planning, design, construction, leasing and management of proposed improvements to the specified site. 11 .7 im , , I Y 0; C:IY Mn.N,'J:S - -I Honorable Mayor and Members of the City Camrnissicr Submitted Into the blfc - Proposal for Development of Watson Island record in connection with Pace 2 .item ,_. on Priscilla A. Thompson THE REQUEST FOR PROPOSALS �---. City Clerk The Request for Proposals offered 24.2 acres (10.8 acres upland and 13.4 acres submerged) primarily zoned C-1 (commercial), specifying a meea-yacht marina and a fish market as required uses. Allowed uses included recreational, entertainment, educational and/or cultural facilities, marine facilities, convention and/or conference facilities, hotel, office, mail, parkine and ancillary and support facilities. Given a state -imposed deed restriction on the property, public purpose and public use were mandated to be strong and integral components of the project. The successful proposer. after approval of the proposed lease by a majority of voters at a referendum, would be permitted to negotiate a final lease and development agreement with a term of 45 years, with 2 additional 15-year renewals. Respondents were to provide an earnest money deposit of $100,000. CHRONOLOGY This UDP process was undertaken in strict compliance with the provisions of City Charter Section 29-A(c) and City Code Section 18-87. All legally mandated public hearings were held by the City Commission as required, and additional community meetings and public workshops were held with the City's Waterfront Advisory Board. Below is synopsis of significant activity related'to the project. December 9, 1998 Resolution No. 98-1205 (Public Hearing) Determination of a Unified Development Project *for Watson Island's Northwest Quadrant, identifying the acreage (15.58 upland and 14.08 submerged, for 29.66 total) to be included and the allowed uses: recreational, entertainment, educational and/or cultural facilities, marina and marine facilities, convention and/or conference facilities, hotel, office, retail, parking and ancillary and support facilities January 1999 Solicitation of quali icatiors'and evaluation of prospective CPA firms October 10, 2000 Staff presents a draft of t`:e RFP at a public meeting of the Waterfront Advisory 8o2:71 .October 26, 2000 Resolution No. 00-931 14 (Public Hearing) Modification of the UDP determination to reduce acreage (from a total cf 29.56 acres to 24.2) and to include entertainment destination as an allowed use. November 16, 2000 The City Commission re.'erre.d the draft RFP to the. Waterfront (Public Hearing) Advisor/ Board for add;::cnal public input November 29, 2000 . Public Workshop cn the R. F P with the Waterfront Adviscry Board December 14, 2000 Resolution No. 00-1081 (Public Hearing) • Authorization to issue the RFP, including the directive. that a mega -yacht marina be a required use. • Selection of Pric_waterhouseCoopers as the CPA firm to evaluate proposals • Appointment of individuals to serve on the Review Committee February, 2001 Issuance cf the RP? April 25, 2001 Motion 01-341 Recommendation fora public hearing to consider a fish market as a required use t4r►F� t' - Honorable Mayor and ivlernbers cf the City Conmissicn Proposal for Development of Watson Island Page 3 May 10, 2001 (Public Hearing) May 24, 2001 (Public Hearing) July 16, 2001 Je!y --.August 2001 September 17, 2001 (Public Hearing) t1crcn 01-435 Diract:ve that a fish market be included as a require_ use Resolution No. 01-503 Appoints 2 new individuals to the Pev:e.. Comm:rtee to replace Ethers that are unable to serve Resolution No. 01-504 Authorizes the City Manager to execl.te an cgre-'.ment with the CPA firm Motion No.01-521 Extends the deadline for receipt of proposals until July 15, 2001 Motion No. 01-522 Schedules a Special City Commission Meeting for September 17, 2001 for the Commission's consideration of the City Manager's recommendation on the proposals . Three (3) proposals received by the City Clerk . Evaluation of .proposals by staff, the Review Committee, the CPA 'firm, and the real estate consultant Discussion of the proposals, the City Manager's recommendation and ballot language for the November referendum Submitted Into the public _ record in connection with item on Priscilla A. Thompson City Clerk THE PROPOSALS Pursuant to public notice, three proposals were received by the City Clerk on July 15, 2001. Respondents were: Flagstone Properties, LLC, Swerdlow Marine Partners, LLC and Watson Island Partners, LLC. Copies of each proposal were sent to the Mayor and Commission in late July. Detail of each proposal is included in the enclosed Submission Fact Sheet, and is summarized below. Flagstone Prooerties titled .its project "Island Gardens" and features, as its trademark, an extended series of formal landscaped gardens interwoven throughout the site. Mehmet Bayraktar, who has extensive real estate development experience in Turkey, is the principal of Flagstone Properties, and Sherwood Weser of the Continental Companies, LLC, and Eric Kuhne of Eric Kuehne & Associates, architects, are board members. Jones Lang LaSalle Americas, Inc. will serve as the development manager. Other development team members include: Camper & Nicholsons Marinas, Ltd. 'as marinas consultant, the Continental Companies, LLC as the hotel development management, and Fairchild Tropical Gardens and the Historical Museum of South Florida as cultural af`fliate.s. Design and other consultants are Spillis Candela DMJM, Eric Kuehne & Associates, Edward D. Stone, Jr. & Associates, Beers Construction, and David L. Plummer & Associates. The proposed mega -yacht marina provides 54 slips along 7,000 linear feet of dockage with all the support facilities and services commensurate with an upscale marina. LThe required fish / market comprises comprises approximately 10,600 square feet with new docks, and is located just north of the marina. l Other uses include 2 hotels, restaurants, retail shops and substantial cultural amenities. The smaller 'Wave Hotel", at 12 stories with 175 rooms and 50 timeshare units, _ would be operated by the Conrad division of Hilton Hotels, and the larger "Lighthouse Hotel", at 22 stories and about 278,000 square feet with 250 standard rooms and 50 timeshare units, would be operated by the Regent Group. Approximately 137,000 square feet of retail and Hcnerablr Mayer and Members of the City Commission Submitted into the public Proposal for Development of VVatson island record in connection with - Pace = item On Priscilla A. Thompson City Clerk commercial space, 14 restaurants comprising 84,000 square feet, and numerous public gardens constitute the other major features. Approximately 60% of the upland acreage is accessible for public use. The public and cultural features include a 2-1/2 acre rooftop carden, a 4,c00 square foot maritime museum gallery, the 100-foot wide ''Palm Tree Promenade" at the waterfront, a ',v_!!-programmed festival terrace, and a floating concert stage. The proposer also offers a CivicA, is Endowment Trust to fund operation of the public spaces ,as well as a CivicA, is prccram Geared to create works of art throughout the architecture of the development. The total pro;ec, cost is estimated at 5251,000,000, with 40% contributed by the developer and 60% to be obtained from lenders. Return to the City is as follows: $1 million per year for construction rent; and 52 million per year as the guaranteed minimum base rent plus 1% cf cross revenue from all project components and 2.5 from the sale of timeshare licenses. Calling its proposal "Miami Yacht Harbor", Swerdlow Marine Partners is an affiliate of Swerdlow Group with over 51 billion in assets, including several large local retail developments. Principals in this project are Michael Swerdlow, Manny Alonso-Poch, Randie Koraguiu, James Courbier, Darryl Sharpton and Randy Hill. Primary components include an 115,000 square foot aquarium, a 217,000 square foot "marine expo" center (incorporating 27,000 square feet of retail and restaurant space), a minimum 57-slip mega -yacht marina and a 100-room hotel, This proposal is unique in that Swerdlow will act as master developer and will lease each component to a qualified tenant, such as Ripley's Entertainment, Inc., a subsidiary of the Jim Pattision Group, _ for the destination aquarium, the SeliPort Group for the mega -yacht marina, and Marine Expo Associates, LLC for the marine trade center. The marina features 5,700 linear feet of dock and all support facilities and services required for upscale mega -yachts, including catering and concierge. It will accommodate 57 100-foot boat slips or 72 80-foot slips. The _required fsh .market is located within the Marine Expo. Tnis marine industry exposition and trade center would be the first marine -related wholesale/retail mart and showroom in the world and would feature flexible showroom space, outdoor & in -water displays, indoor exhibition area and meeting rooms. Prospective tenants are boat yards, boat equipment and marine parts manufacturers, brokers and related marine businesses, as welt as restaurants, retail shops and the fish market. The two -level aquarium will contain over 1.3 million gallons of saltwater and freshwater exhibits, a restaurant/banquet facility, classrooms, meeting rooms and gift shop. The centerpiece is a 750,000-gallon tank surrounding an underwater moving pathway. The 100-room hotel is seen as a support facility to the 3 main attractions. The total project cost is estimated at 5135,000,000, and, while stating that the development acreement would not be conditioned upon a 3`' party lending institution, further detail of the financing plan was not presented. Return to the City was stated as a guaranteed base rent cf 5200,000 per year for the first 3 years, escalating 520.000 per year to a peak of 5340,000 in year 10, plus 20% of tenant rents paid to the master developer and a 20% parking surcharge on the 1,150-space parking garage. The proposal of Watson Island Partners. LLC, the "Four Seasons Resort and Marina", is a joint venture cf the Millennium Partners (95%) and BAP Development, Inc. (5 % ), developers that have several years of prior collaboration on other significant projects in the City of Miami valued at over '/: billion dollars. Principals include Phillip Aarons, Edward Wurzel, Willy Bermetlo, Luis Ajamil and Henry Pino. Other development team members are: Gary Handel & Associates (hotel tower architects), Bermetlo• Aamit & Partners (planning, architecture, landscape architecture and engineering), AquilaCo, inc. and Davis Lend Lease (construction, construction • 71 C.; Cr:7 Honorable Mayor and Merr;bery of :he City Commission Proposal for Development of Watson Island Page. 5 Submitted Into the public record in connection with item " on Priscilla A. Thompson management) and Martha Schv:artz, Inc. (desion). The project concept portraysCity a dent:nClerkation landmark in the form of a lichthouse.-like 45-story tower housing nearly 370 resort suites, with adjacent 60,000 square feet of retail and restaurant space and a 529-space par:•:ine garage, surrounded by a 7-acre open space park arrayed in a spiral, shell-like pattern and leading to a 30-slip meta -yacht marina. The proposer reports that 65% of the project site wilt remain accessible to the public. Once completed, operators of the facilities include. the French Riviera Port Authority for the marina, and the Millennium Partners for the Fou. Seasons resort and for restaurant/retail. In the hotel tower, 50 of the luxury suites will be set aside for overnight stays, and the remaining 319 suites are to be sold as fractional license units on a "right to use basis" for 45 days per year. The 45`'' floor of the tower will house a 5-star restaurant open to the public and affording unobstructed views of the City and surroundincs. Added restaurant use is accommodated off the resort's atrium lobby, also open to the public. Approximately 34,200 square feat of retail .space will be located alono the ;park and water's edge providing a variety of shops, cafes and specialty stores. The main, 3-story parking garage will be shielded from view and its structure will mimic the spiral shell pattern. The 7-acre public park will feature a spiral patchwork of individually designed landscape themes and water features, leading residents and visitors outward toward the water and the waterfront promenade. The park also offers a small public amphitheater and both permanent and traveling art exhibits. The working fish market will have an open air, upper deck raw bar and will be served by a separate, accessible surface parking lot. The total estimated project cost is 5237,500,000, with 35% to be provided by Millennium and 65% to be financed by lenders. 1n return for the lease, the proffer to the City is a base rent of 5500,000 per year with a 3.5% par year increase for first 3 construction years, 1% of gross revenue from both fractional saes and restaurant/retail operations, and 1 % from future disposition or refinancing proceeds. EVALUATION REPORTS The Review Committee and.the CPA firm were empowered to.evaluate each proposals based solely on the criteria contained i.i the RF?. I have examined the independent written reports of the Review Committee., the CPA firm and the real estate consultant. These documents accompany this memorandum to. the Commission. Criteria contemplated by the Review Cornmittee were: overall plan and design of the proposed development: feasibility, management and operation of the proposed ceveloprnent; return to the City: and extent of Minority/Women participation. The CPA and real estate consultant assessed these elements: the financial viability of the proposer, including prior record and experience; the viability of the project's financial plan, sources and structure; the short and long term economic and financial return to the City; the proposals' market analysis and marketing plans; the economic feasibility of each development; each project's management plan; and the creditworthiness of project partners and principals. This evaluation was conducted in July and August, and a videotape of the presentations made by each proposer was forwarded to your offices in August. Following preliminary meetings and proposer presentations, the Review Committee was provided reports by both the CPA and the real estate consultant. Based on each member's assessment of each proposal, the Review Committee subsequently voted to recommend only the proposal of Flagstone Properties, LLC. Some additional comments accompanied that recommendation and are noted in that document, which is enclosed. .. -11 i I:I:an F;:-.-:I",' bV{ sit CITY MANAv_'S Honorable Mayor and Members of the City Commission Proposal for Development of Watson, Island Pace 6 Submitted into the public record in connection with item _ on Priscilla A. Thompson City Clerk The CPA, in its report, found each proposal to be viable and reasonable, and each respondent to be creditworthy. In reviewing the Flagstone program, the CPA suggested that the hotels be designed and targeted to different but complimentary markets to mitigate potential competition: its hotel and retail/restaurant market projections are supportable, although appear somewhat aggressive; and that financial estimates for the various components, fail within acceptable ranges, even though certain projections place near the top end (hotel average daily rates, restaurant/retail sales) and another, hotel marketing expense, sits at the low end of the range. The CPA remarked that Flagstone's operating procedures and management plan were very thorough. Overall, PWC found Swerdlow's marketing plan to be limited, but consistent with the development proposed. Likewise, its operating and management plan appears adequate. Further, because detailed market. assumptions and independent support data was not included for several components, the CPA was unable to properly evaluate and verify the economics of the Swerdlow proposal. The missing independent research included attendance and rental payment estimates for the aquarium, demand features and pricing for the marine expo, and occupancy and rental rates for the marina. Regarding the proposal from Watson Island Partners, the CPA found this' entity creditworthy along with the others, but stated that the affiliation of the development with the Four Seasons was an imperative to mitigate the risk embodied in the fractional unit component of the project, Given its size and scale as the largest operation of its kind. Among the CPA's other assessments for this proposals were: its marketing plan was acceptable, although limited; the resort occupancy rates appeared somewhat aggressive but its average daily rate was supportable; financial estimates for the hotel/fractional license and marina components were within acceptable ranges; and market research for the retail/restaurant component was absent, thus the CPA could not evaluate this component on its own. The real estate consultant conducted a thorough evaluation of each proposal's return to the City in the form of rent and taxes over the lease term. In his analysis, Flagstone's proposal, even at a low level of success, still offers the City greater revenue than the other two proposals. Over the course of the lease term, the present value of combined revenue from lease payments and taxes were as fellows, with the range representing the consultant's interpretation of low to high operating scenarios, given assumptions and limiting conditions: Flagstone Properties — from S24,200,000 to S73,900,000; Swerdlow Marine Partners - from S3,000,000 to S25,400,000; and Watson Island Partners — from S 12,400,000 to S33,500,000. it should be noted that these figures do not include participation rent from the sale of fractional license units for any of the proposals, so actual revenue should be higher. CITY MANAGER'S RECOMMENDATION After careful consideration of all the material compiled to date, I have elected to concur with the Review Committee. Based on my own analysis of the proposals and related reports, I recommend the proposal of Flagstone Properties, LLC as that which embodies the greatest benefit to the City and its residents. This finding is founded on several key observations, in addition to the conclusions drawn by the CPA and other reviewers. Honorable Mayer arc "ii1embers of tee City Commission Proposal for De.velopment of Watson Island Page 7 Submitted Into the public. record in connection with item on Priscilla A. Thompson City Clerk - • The Flagstone proposal presented all prcjeo� aspects in extraordinary de.tail, and appeared extremely well thought out, resulting in a balanced and integrated developrnent program. • The selection of project elements creates an array of attractions suitable to varied demographics and income levels, thus producing an overall destination and a true recional attraction. • The project reflects an architecturally appealing blend of uniquely designed mid -scale structures (14 stories and 22 stories), numerous landscaped areas, and public gathering places aptly conveys the "new urbanism" desicn, and thus was found to be the most aesthetically pleasing of the proposals received. • The scale of project structures and its well-proportioned streetscape design additionally establish strong relationships between components, exemplified by its entry boulevard that is bordered by active commercial and public uses, thereby connecting both vehicles and pedestrians to activities. • The proposal offers exceptional linkages to other projects on the island, demonstrated by the sailboat pond and playground located next to Children's Museum, and by its recommendation for "Stakeholders Council", an association of island tenants and others to facilitate marketing, security & other issues of mutual concern. • "Island Gardens" provides extensive cultural arts and arts -in -public places components that are directly related to the South Florida community in their affiliations and forms. _ • The project offers public access throughout the site, as 60% of the upland area will be accessible to the general public, and its marina piers will also be accessible during the day, unlike the other proposals. • The project's comprehensive schedule of programmed public events further maximizes the public use of the site, particularly the promenade, gardens and floating stage. • • This proposal offers strong training, education and employment opportunities to Miami residents, such as its Skills Training Center that will function during construction, and then converted to the Employment Career Center for hospitality, retail, marine and leisure management fields. - The revenue from this proposal represents a significant return to the City and will have • an extremely positive effect on the City's budget. In weighing the options of this difficult decision, certain other factors came to light that seemed to strengthen the position of the Flagstone proposal. While the uses offered in the Swerdlow proposal were attractive., exciting and public -oriented, the proposal was vague in certain critical aspects. The hotel operator appeared not to have been selected and only limited market data was presented for the aquarium and expo. Furthermore, using this municipal property to test a first -ever Marine Expo, a significant project element with r.o financial track record • and questionable potential for success, seems to be a risky venture for the City. Regarding the proposal of Watson Island Partners, again, this development prograrn had several appealing aspects, particularly its 7-acre park and significant view corridors. Nevertheless, the 45-story height of the hot& tower seemed a major aesthetic drawback. Along the same lines, the extent of the project's financial reliance on the sale of a large number of fractional license units not only lends an exclusionary character to this publicly owned property, but provides a declining, rather than increasing, revenue stream to the City over the lease term. Lastly, as with Swerdlow's Marine Expo, a fractional unit resort of the magnitude proposed by -.4 :.7.—,.11 0; MIAtelr 1.1l ..!di_ :i_ Honorat;ie Mayor and Members of the City Commission ' the pubiri. Proposal for Development of Watson Island feu.. u ft1 connection with- Page 8 item O Priscilla A .il Thump nsO City Clerk Watson island Partners is another untested development, upon which this project depends as its primary revenue source. It was therefore also set aside in favor of Flagstone Properties' . 'Island Gardens". ACTION REQUESTED Adoption of the attached Resolution to accept the proposal is necessary so that we may proceed to place the item before the voters on the November 6, 2001 election. As mandated by Charter Section 29-A(c), should the Commission elect not to accept the City Manager's recommendation, its remaining options are to reject all proposals or to go directly to the Review Committee for a second suggestion. However, this latter option would not allow the project to go forward in time for the November 6') election, since today's hearing (September 17, 2001) was specifically selected by the Commission as the last possible date to meet the timetable imposed under law by the Miami -Dade County Supervisor of Elections. If the electorate approves the proposal, negotiations will immediately commence with the successful proposer for the lease agreement. If authorized, these minimum terms and conditions will be included in the lease agreement: a) The term of lease shall not exceed forty-five (45) years with two fifteen (15) year renewal options. b) The successful proposer shall pay to the City an amount not less than $2,000,000 as the minimum annual guaranteed base rent, which may be adjusted annually subject to Consumer Price Index increases over the lease term, and, 1 % of gross receipts from all project components after 3 years of operation plus 2.5% of gross receipts from fractional unit license shares. c) The successful proposer shall be responsible to construct improvements to the property in an amount not less than 5281,000,000 as specified in its proposal and pursuant to the provisions of the RFP. D5/ARVy/ �j Sec-I1-.._' -' 7!1.=,0'. J.'!-:c-_ __ :;! '+-'_ Submitted Into- Honorable rvl2yor and Members of :he C�t Commission the public Proposal for Deve.iopment of Watson Island record in connection with Page 5 item O� Priscilla A. Thompson V J...L_ City Clerk management) and Martha Schwartz, Inc. (design). The project cotltept portrays a destination landmark in the form of a liehthouse.-like 45-story tower housina nearly 370 reso. �� suites, with adjacent 50,000 square feet of retail and restaurant space and a 529-space parking aaraae, surrounded by a 7-acre open space park arrayed in a spiral, shell-like patte.rn and Leading to a 30-slip mece-yacht marina. The. proposer reports that 65% of the project site remain accessible t0 the public. Once completed, operators of the facilities include the French Riviera Port Authority for the marina, ar.d the Millennium Partners for the Four' Seasons resort and for restaurant/retail. in the hotel tower, 50 of the luxury suites will be set aside for overnight stays, and the remaining 319 suites are to be sold as fractional license units on a "right to use basis" for 45 days per year. The 451' floor of the tower will house a 5-star restaurant open to the public and affording unobstructed views of the City and surroundings. Added restaurant use is accommodated off the resort's atrium lobby, also open to the public. Approximately 34,200 square feet of retail .space will be located along the 'park and water's edge providing a variety of shops, cafes and specialty stores. The main, 3-story parking garage will be shielded from view and its structure will mimic the spiral shell pattern. The 7-acre public park will feature a spiral patchwork of individually designed landscape themes and water features, leading residents and visitors outward toward the water and the waterfront promenade. The park also offers a small public amphitheater and both permanent and traveling art exhibits. The working fish market will have an open air, upper deck raw bar and will be served by a separate, accessible surface parking lot. The total estimated project cost is S237,500,000, with 35% to be provided by Millennium and 65% to be financed by lenders. in return for the lease, the proffer to the City is a base rent of 5500,000 per year with a 3.5% per year increase for first 3 construction years, 1% of gross revenue from both fractional sales and restaurant/retail operations, and 1 % from future disposition or refinancing proceeds. EVALUATION REPORTS The Review Committee and the CPA firm were empowered to evaluate each proposals based solely on the criteria contained in the RFP. I have examined the independent written reports of the f eview Committee, the CPA frm and the real estate consultant. These documents accompany this memorandum to the Commission. Criteria contemplated by the Review Committee were: overall plan and design of the proposed development; feasibility, management and operation of the proposed development; return to the City; and extent of Minority/Women participation. The CPA and real estate consultant assessed these elements: the financial viability of the proposer, including prior record and experience; the viability of the project's financial plan, sources and structure; the short and long term economic and financial return to the City; the proposals' market analysis and marketing plans; the economic feasibility of each development; east; project's management plan; and the creditworthiness of project partners and principals. This evaluation was conducted in July and August, and a videotape of the presentations made by each proposer was forwarded to your offices in August. Following preliminary meetings and proposer presentations. the Review Committee was provided reports by both he CPA and the real estate consultant. Based on each member's assessment of each proposal, the Review Committee subsequently voted to recommend only the proposal of Flagstone Properties, LLC. Some additional comments accompanied that recommendation and are noted in that document, - which is enclosed. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk ranuP.tV PUZ M.S $•. t s3iu;7 apts.w.cg peri4 ersion Familiar!! Nuevus Empleos!! Nuevo Ingresos para los Parques!! ai .h`%.��i;' S +Qq`' ga4:��t�r�+i' �c �'t.: t. `•r - rldy+:cti de` Desarr9 I ef:V{fafson'is[anci.denominado' alslan. Cardenerporfa inmab,Taria Flagstone Properties; LLC ._-., -�,,: _ X�� . 1 deTKillami tra seleccionado azFiagstone• Proper es, ILC; pare lfevar a cat;b'6s:_ prey_ 3 en uri .terreno• de 10,0 acres y 13,4 acres de terreno (me.rj'.ctupads:por'Pa ambos en Watson Island. El orup-o Flagstone invertirz 281 miliones de dolares en este orcyecto no involucra rondos publicos en to absoluto. Este propuesta de t s—arrcllo entes particulares: :mpleos lente 5.000 empleos de construcclon, por las dos anos cue cure l3 obra -ente 2.500 empleos permanentes centro de entrenamiento laboral y una central de empleo en el proyecto is preferencia de empleo 2 residentes de Miami s ingresos por concepto de arrendamiento recibidos por el municipio seran dedicacos a .)gramacion de actividades en los parques del municipio ur de Watson Island, paralelos al puerto de Miami, saran designados para parques publi- ublicas y eventos-tufturales- nente el 60% del terreno sera accesible al publico cnjuntos seren establecidos con "Fairchild Tropical Gardens" y to Pi`r oacal Association of;`- It I .,t • - -- - .�.. ra un pabellon pars festrral'.�•con Sagrarrel..anual de event s . _ ..=.:r t'--.- f i71,_ .`ems al publico dutarate.et dia .-..,, - ..- tea, ,,.•• ' - . ' -• --• , ••: ti- .".ks"`2 ,IIPs"-:y 7•Os7¢:bi S_ lia es: .rnt lles-.3h...ti. �i. 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Submitted Into the public- record- in connection with item on Priscilla A. Thompson City clerk Submitted Into the public 13 0 L N record in connection with L L P item on Priscilla A. Thompson Ai ro.'.NE i 5 A.:40 COVNSCLLORS AT L.-Mt' City Clerk I_tr_t.iAN A .sEr-. tt•r:: Ur.t• OG51 October 26, 2001 Mr. forge Sanchez Casablanca Fish Market Watsrm island Miami, Florida RE: Island Gardens Dear R••Ir. Sanchez. This firm repreacuts Flagstone Properties LLC (".Flagstone") in the development n Fthc Island Gardens project on Watson Island (the "Project"). 1! you will remember, we met back in early September wherc I made a brief presentation to you and others regarding the Project. Since then, Flagstone's project was selected by the City of Miami Commission o=September 17, 2001. We are currently preparing to go to a citywide referendum on November 6, 2001. We are very hopeful that the City o[Miarni voters will recognize the value of our project and approve tlLe lease of the property to Flagstone. Nevertheless, this .letter is in follow up to our early September meeting and your request for some assurance froth Flagstone that Casablanca will not be displaced from its location on Watson Lsland due to future development. As we discussed back in early September, the Casablanca Fish .Market and the Pescaderia Fi31t Marlcet are an integral part of Island Gardens and are included in the Project. This was a commitment made to both you. and Mr. Gilberto de Arenas by Flagstone's principals; Mel:met BayTaktar and Eric Kttl'tne, before the Project was d_sirnecl and even before the City Co ru tiasion required participants to include the fish markets in their proposals. As 1 pointed out to you in my presentation, designed into'lbe Project is a 10,600 square foot fish market and docking space to be used by Casablanca and The Pescaderia?.iarket. Although we could not make any tirn commitments to you in early September because we had not yet been selected by the City. we are now in a position to do so. Therefore, if on November 6, 2001 the. City of Miami residents approve the lease of the property to Flagstone for the development ot•Istand Gardens and upon completing 1eage riegutiatious with the City, Flagstone will commence lease negotiations with you and with Mr. Gilberto de Arenas to ensure the continued existence of both your fish markets or, Watson Island. Flagstone is committed to finding the most \MI CBOT :A • 271 501:114 ilSCAYVz POW.EV.' 1O • MUNI%:LC11IDA MIAM /c,!r L:COa1QAt,R W?' T►ALN HACH l`{C. Jn(ec. Sasici c: Octuilcr 2(i, 2001 Pave 2 appropriate and reasonable arrangement possible to ensure that Casablanca attd The Pcscadeda ► main a par to{ Grivilens. Flagstone looks forward to conlittui u. its rc1,2tionship with you an:.! n'orking together to Make is/and Ganh'ns the best mu.' most successful der.tinctioti i;, Ail of South Florida ICyou have any que.tious, please do not hesitate to contact n1c. S ir.!cT Li111 A. Sec LA S/aj b cc: Mr. Carlos A. Ginienez. City Manager Mr. Mehmet Bayraktar Mr. Eric R. ICubnc Mr. Sherwood M. Weiser Judith A. Burke, Esq. MIAOOCS 465121.1 AJB Submitted Into the public' record in connection with item on • Priscilla A. Thompson City Clerk CITY G= `.IIA;,C, FLCP,IDA. INTER -OFFICE MEMORANDUM The l lororable Mayor and Merr hers of the City Commission av os A. LJl City Manager sJUJ__T: FEr=tic.NC:S : eNCLUSuttE.w: Receipt of Watson Island Proposals 1 am plra:ed in report that the City received three proposals on July 1e, 200t Yor the - Watson Island Mega Yacht Marina, risk Market and Mixed Use Development. The proposals arc briefly summarized as follows, in alphabetical order: Flagstone Properties, LLC • Mehment Bayraktar, Chief Executive Officer and Chairman of the Board Sherwood Reiser, Continental Companies. Eric R. Kuhne, Eric R. Kuhne & Associates arne Proiect N Island Gardens Maior Uses Mega Yacht Marina — Camper & Nieholsons Marinas, Ltd. Fish Market — Casablanca, Pescadcria, Bait Shop & Shipwright (current operators) T,.vo Hotels — Conrad (Hilton) Hotels, Regent International Hotels Swerdlow Marine Partners. LLC Michael Swerdlow Manny Alonso-Poch Randie Korustu Tartars Courbier Darryl Sharpton Randy }till Prniett Name Miami Yacht Harbor • Submitted Into the pubfl record in connection with item--~-�- Priscilla A. Thompson - City lete Major Uses Mega Yacht Marina — Bellport Group fish Market Aquarium — Ripley's Entertainment., Inc. Marine Industry Exposition and Trade Center — Marine Expo Associates, Ltd., 2 division of Swerdlow Group Hotel The Honorable Mayor w,d ,?vtembers of the City Commission Page Two ,Vntsori Island Parrners,_ILC MiIlenniurn & BAP Development: Edward J. Wicrzel Willy Bermcllo, BAP Development Luis Ajamil, BAP Dcvclopmcnc Henry Pino, BAP Development Phillip E. Aa+ons, Millennium Mayor Uses Mega Yacht Marina — French Riviera Ports Authoriry Fish Market Hotel — Four Seasons Resort Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk The Review Conunittee will meet on July 24 h at 2:30pm at the Miami Outboard Club, 1099 NtacArthur Causeway, to begin its evaluation of proposal submissions. CAG/DB/ AlkWIMJ,N f ��� (!Iit of 43ithrntt ALEJANDRO VILARELLO City Attorney August 12, 2003 Dario Perez, Esq. Shutts & Bowen LLP 1500 Miami Center 201 South Biscayne Blvd. Miami, FL 33131 Telephone: (305) 416-1800 Telecopier: (305) 416-1801 E-MAIL: Law@ci.miami.fl.us Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Re: Waterman, et al., vs. City & Flagstone Island Gardens, LLC. Miami -Dade County Circuit Court, Case No.: 03-18314 CA 21 Dear Mr. Perez: Enclosed please find a copy of a new civil lawsuit filed by the Watson Island tenants against the City and Flagstone. Because the Complaint contains a federal claim, we would like to remove it to federal court. Of course, all def-ndants must join in any Notice of Removal. We assume you will want to do this - .. well. Our deadline for responding to the Complaint, and therefore of removing ' , is Monday, September 2, 2003. Very tru yours t City A •rne WB:burke 18 Enclosure cc: Alejandro Vilarello, City Attorney (w/e Rafael O. Diaz, Asst. City Attorney (w/ Keith Carswell (w/encl.) Laura Billberry (w/encl.) �y. Judith A. Burke, Esq., Shutts & Bow LLP (w/encl.) ncl.) OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910 JACK OTT, JOHN J. WATERMAN, INELDA DE ARMAS, LAZARO SANCHEZ, DAVID SURBROOK, BOB LEWALLEN, FRANK L. SMITH, JORGE PEREZ, FRANK DiFRANCO and PRUCE PURDY, Plaintiffs, vs. THE CITY OF MIAMI, Defendant. The CITY OF MIAMI, Counterclaimant, vs. JOHN J. WATERMAN, INELDA DE ARMAS and LAZARO SANCHEZ, Counter -defendants. IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 94-17262 CA 05 Submitted Into the with record in connection item ______ on =-- Priscilla A. C Cson lerk FINAL SUMMARY JUDGMENT AS TO LAZARO SANCHEZ & INELDA DE ARMAS ONLY THIS MATTER having come on to be heard on August 19, 2003, on the CITY OF MIAMI's MOTION FOR FINAL SUMMARY JUDGMENT AS TO SANCHEZ & DE ARMAS, and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon ORDERED, ADJUDGED, AND DECREED that: FINAL SUM...ARY JUDGMENT AS TO LAZARO SANCHEZ & [NELDA DE ARMAS ONLY CASE NO.: 94-17262 CA 05 1. Said Motion be, and the same is hereby GRANTED; 2. Final Summary Judgment on the Plaintiffs' AMENDED COMPLAINT, dated June 13, 1995, and on the CITY's COUNTERCLAIM FOR POSSESSION, dated March 7, 2003, is granted in favor of the Defendant/Counterclaimant, the CITY OF MIAMI, and against the Plaintiffs, LAZARO SANCHEZ and INELDA DE ARMAS; 3. The CITY OF MIAMI shall recover possession of the following described property from the Plaintiff, LAZARO SANCHEZ, for which the Clerk of the Court shall issue a Writ of Possession: Watson Island Marina Slips: 23, 25, 26, 27 & 28, including uplands in front of slips 1040 MacArthur Causeway Miami, Florida 33132 4. The CITY OF MIAMI shall recover possession of the following described property from the Plaintiff, INELDA DE ARMAS, for which the Clerk of the Court shall issue a Writ of Possession: Watson Island Marina Slips: 32, 33 & 34, including uplands in front of slips 1040 MacArthur Causeway Miami, Florida 33132 5. The Plaintiffs, LAZARO SANCHEZ and INELDA DE ARMAS, shall take nothing by this action, and the CITY OF MIAMI shall go hence without day. DONE AND ORDERED in Chambers, at Miami, Miami -Dade County, Florida, this day of August, 2003. Copies furnished to: Warren Bittner, Asst. City Atty. Victor Rones, Esq. :16 ION 1. GORDON. Cl nu'tj QoGj CIRCUIT COURT JUDGE Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk JACK OTT, JOHN J. WATERMAN, INELDA DE ARMAS, LAZARO SANCHEZ, DAVID SURBROOK, BOB LEWALLEN, FRANK L. SMITH, JORGE PEREZ, FRANK DiFRANCO and PRUCE PURDY, Plaintiffs, vs. THE CITY OF MIAMI, Defendant. The CITY OF MIAMI, Counterclaimant, vs. JOHN J. WATERMAN, INELDA DE ARMAS and LAZARO SANCHEZ, Counter -defendants. IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 94-17262 CA 05 Submitted Into the public - record in connection with item on Priscilla A. Thompson City Clerk PARTIAL SUMMARY JUDGMENT AS TO JOHN J. WATERMAN ONLY THIS MATTER having come on to be heard on August 19, 2003, on the CITY OF MIAMI's MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO JOHN J. WATERMAN, and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon ORDERED, ADJUDGED, AND DECREED that; 1. Said Motion be, and the same is hereby GRANTED: PARTIAL SUr tRY JUDGMENT AS TO Jt...tN J. WATERMAN ONLY CASE NO.: 94-17262 CA 05 2. Partial Summary Judgment on the Plaintiffs' AMENDED COMPLAINT, dated June 13, 1995 (except for COUNT I), and on the CITY's COUNTERCLAIM FOR POSSESSION, dated March 7, 2003, is granted in favor of the Defendant/Counterclaimant, the CITY OF MIAMI, and against the Plaintiff, JOHN J. WATERMAN. DONE AND ORDERED in Chambers, at Miami, Miami -Dade County, Florida, this day of August, 2003. AUG 25 Copies furnished to: Warren Bittner, Asst. City Atty. Victor Rones, Esq. .'CAN s_ GORDON. JLUuc CIRCUIT COURT JUDGE Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk 2 JUN-04-2004 14:14 FROM: TO:RightFau P.002,006 LAW OFFICES RON'>Ei,S & NAVARRO 16105 N. E.18n Ave., N. Miami Beach, FL 33162 Please Reply To: P. O. Box 190737 Miami Beach, FL 33119 June 4, 2004 Via Facsimile (305) 381-9982 Dario Perez, Esquire Shutts & Bowen, LLP 1500 Miami Center 201 South Biscayne Blvd Miami, FL 33131 (305) 945-6522 Telephone (305) 940-2277 Facsimile Submitted into the public record in connection with item on Priscilla A. Thompson City Clerk Re; Waterman, DeArmas and Sanchez v. City and flagstone, et al. Case No. 03-18314 CA 21 Dear Mr. Perez: This letter is to confirm our contact on Tuesday, (June 1, 2004) with your office. In particular, our clients desired that a final effort be made to ascertain whether the pending matter was capable of resolution. We were advised to reduce a settlement offer in writing for considcrution by your client. By way of brief background, our clients have been consistent in merely wanting to be included in the project as promised, thereby continuing their businesses in the City of Miami. In this regard, our clients assisted in the request for the voters approval which provided that their business were to be included. Considerable dollars and efforts were expended by these small business owners with the understanding that they were to be included. In this regard, supposedly the city, Flagstone and our clients were on the same page. The public hearing proceeded on Wednesday. June 2, 2004 wherein your client (Joe Herndon) stated that my clients had been presented with proposed binding leases. Strangely, the only documents presented to my clients is the letter of intent which is attached and reflects that it is non -binding, Further, the letter of intent fails to address the amount of rent, the continuation of the businesses during construction and the other fine points needed to resolve this matter. Sadly, it was hoped that same would have been resolved at mediation with the City; however, as you are aware, your client declined to participate to iron out these items. Such a binding agreernetu is required supposedly under the agreement with the City to preclude the evictions; however, my clients are unable to obtain such a document. PAGE 216 a RCVD AT 61412004 2:15:29 PM [Eastern Daylight Timej a SVR:FAXSERVERI14 a DNIS:7191 a CSID:'DURATION (mm.ss):02.14A , . , , JUN-04-2004 14:14 FROM: Tn:Ri9htFax P.0031006 Dario Perez June 4, 2004 Page Two Submitted Into the public' record in connection with item on Pristalla A. Thompson City Clerk Said letter of intent is the only such document provided by Flagstone, apparently your client is wider the misapprehension that same is the binding agreement of which he testified before the City meeting, notwithstanding the contrary language. If this is accurate, then this matter can he resolved on the basis of the letter of intent by filling in the details (Le. rent, proposed location, interim operations, etc.) and entering into a binding agreement. On the other hand, if your client mis-spoke in his sworn testimony, please so advise so that we may be clear on your client's position in this matter and avoid misunderstanding. As you will note from above, my clients are amendable to entering into a binding agreement ( so that the City will cease eviction) providing the above details. Yours truly, VICTOR K .RONES VKR:dc Enclosure cc: Manuel A. Diaz, Mayor Angel Gonzalez, Commissioner Joe Sanchez, Commissioner Arthur E. Tech, Jr., Commissioner Johnny L. Winton, Commissioner Tomas Regalado, Commissioner Joe An -iota, Chief Administrator/City Manager Alejandro Vilareilo, City Attorney Judith Burke, Esquire Warren Bittncr, Esquire PAGE 316' RCVD AT 61412004 2:13:29 PM [Eastern Daylight Time'' SVR:FAXSERVERII4' DNIS:I797 CSID:' DURATION (mm.ss):02.14 _ _ _ , _ _ _ JUN-04-2004 14:14 FROM: TO:RightFax P.004' v4006 FLAGSTONE Pepawdo December 9, 2002 VIA FACSDDLE Mr. .lurtic Sanchez Mr. Lazar° Sanchez Casa Blues Fish Market Watson IQland Miami, Florida Joseph L. Herndon Project Director (shed Gardens Watson Island, Miami. Florida JHarndon®FlagstofePropettiea.coin Mr. Gilberto De Armes Prscaderia FA Market Watson Island Miami, Florida I,te: Letter or intent to V ater into Sublease Agreement LLbd Gardens Fink Market Deer Metes. Sa aobez and De Armaa: Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk We baps r oeotly completed our lease moons with** City of Hanish. 'We are hop3fid that this proposed Agreement to Pier into Ground taw (the `Development Agre mcr f witli'thc City win be approved by the city Cormnisnas itt the very near future, Aseonsing that the City Commission approves the Development Agreement sad Author assuming that all or the conditions precedent to entering into the Ground Lease with the City and tabu' possession of the property outlined is they Den lupau nt Agreran in are satisfied (i.e. local, sty mid Waal permitting, flamingo etc.), Flagstone will be in a position to eater into a formal Sublease agreement with Casa Blanca Fish Market and Pcscaderia Fish Market In order to family commence the process and bid on our previous discussions with you regarding the proposed Fish Market at Island (fattens, we are pleased to present the following as our Lotter of latent to enter Into such an A,gxeement. Below are the basic terms and conditions tmder which Flagstone Propeztiea, LLC is prepared to it into i; fbrmal Agreement with Casa Blanca Hale Market and Ponca de:is na l Market. Men& 201 Biscayne Blvd., Suite 2*212, Miami. Merida 33111 USA Tel 305-913-7SZ4 Wag SAS Q13_1 iO1 Orlando: 506 ColebrationAmnia, Colebsdaa. glands 34747 USA Tc1407-56a4331 Pax 407.5664332 PAGE 416 RCVD AT 61412044 2;15:29 PM [Eastern Daylight Time[' SVR:FAXSERVER114' DNIS:7797' CSID:' DURATION (mm.ss):02.14;;; -; y; JUN-04-2004 14:14 FROM: I�CI,—lu"C�u� IV{: uciJJ Ili „» _ Tf:RiahtFax P.005'006 MOWS. Sanchez and De Amax Page 2 I jndlnrd: Subtenants: Premises: Permitted tine: Term: Commencement Data Rental Rate: Operaqug Expenses: Construction or Improvements: Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk Flagstone Ptupertios. LLC. and its subsidiary, !Island Gardens Fish Market" Casa Blanca Fish Minket, Mors. Jorge :tad Lento Sa chcz, Proprietors Pesaaderia Fish Market, Mr. Gilberto De Asmas, Propriatnr Subjeot to obtaining all required governaunnal approvals, the property to be utilized for the Pish Market will encompass approximately the same square footage of indoor and outdoor space as they currently have, to be located on the north -snide of the Tsland Gardens project in close proximity to the waterfront for fish receiving distribution, cleaning, storage, sales, and packaging. Additionally, a minimum of 2 forty trot Tram slips, with proper dockage facilities, will be available to be leased by Tenants, under separate agreement, for the cxc1usi'vobusiness related use byTenants, their employees and vandals. Building'', grounds and equipment are to be maintained by the Subtonantsy as w.0 as a Grade A Health Department Standard Commercial fish market with accessory indoor and outdoor processing. Initial Term 5 Year's, with two 3 year estenzdons. Upon substantial completion oftTts Fish Market by the Lasfndiord. The rent for the landaide facilities will be a fixed base amount, the exact rate 1n be determined by the cost of all build -out and equipment associated with the delivery of the facility, amortized over fifteen ram an Appropriate portion of the base mat under.dm Ground La= allowable ter. the fish Market; an appropriate portion of the common area facijitiea oast; and other similar items. The (omit to be used for the calculation ofgross sales willbe similar 10 the formula utilized in the Ground Leone egi a meat between Fla amne and the City of Miami. Tenants will be responsible fbr their allocated share of operating exposes - Landlord shall, at its sole mat and cacpvusc, UMW ts i na 1111 ztq i nxl improvements pursuant to plane prepared by an architect to be chosen by Landlord. Although Landlord will be responsible for the design and construction of the Dinh Market, Landlord will consult with Tsmaata in consideration of the Tenants' operational needs. This Letter of Intent does not constiuite a reservation of span. This Letter ollatent merely sets forth the basic teems and conditions to be Incorporated into a *mull Sublease. Tbb letter is not contractually binding on the parties. The parties will not be oontractually bound union and until PAGE 516' RCVD AT 61412004 2:15:29 PM (Eastern Daylight Time]' SVR:FAXSERVERI14DNIS:1191' CSID: DURATION (mmis):02.147 ;r;- : s, ^ y- ' ^' ^ r •'T" i JUN-04-2004 14:15 FROM: TO:RiehtFax P.006'006 V. 04 — MAMA. Sanchez and De Armes Page 3 Submitted into the public' record in connection with item on Priscilla A. Thompson City C they execute a ib ural Sublease, which urust be in form and content satisfactory to each pmly ttsk ' counsel in their sole discretion. If the terms outlined in this Letter of Intent arc acceptable, please sign and return 4 copy or this letter of moot to me at your earliest conveniet . We will than authorize our attorneys, at the appropriate time, to prepare a fret draft of the Sublease. I look forward to hearing from you soon. Sincerely. Mebmbt 13 Flagstone Ptopertl , LLC ACCEPTED AND AGREED TO Tins DAY OF , 200 . Casa Blanca Fiah Market Print Name: Jorge Sanchez Title: ACCEPTED AND AG1trED TO THIS DAY of , eau . Cana Blanes Fish Market By:_ Print Name: Lazard Sanchez Title: ACCEPTED AND AGREED TO TES DAY OF , 200_. Pesc aded* Fish Market By: Print Mine: Gilberto De AMMO Title: cc: Victor Rones, Esq. Dens 8iaachino. City May's Office PAGE 615' RCVD AT 61412004 2:15:29 PM LEastem Daylight TimeL' SVR:FAXSERVER114' DNIS:7797' CSID: * DURATION (mm.ssj,02.14. , , DARIO A. PEREZ (305) 379-9162 Direct Line (305) 347-7862 Direct Facsimile SHi7TTS BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW June 16, 2004 VIA FACSIMILE AND U.S. MAIL 940-2277 Victor K. Rones, Esq. Rones & Navarro 16105 N.E. 18th Avenue North Miami Beach, Florida 33162 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk E-MAIL ADDRESS: dpe eztivshutts-luw•.com Re: John J. Waterman, Inelda De Armas and Lazaro Sanchez v. City of Miami and Flagstone Island Gardens, LLC; Circuit Court of the 11`h Judicial Circuit Case No. 03- 18314 CA(21) Dear Mr. Rones: As you know, this firm represents Flagstone Island Gardens, LLC ("Flagstone"), the developer of Island Gardens to be located on the northwest quadrant of Watson Island. This letter is in response to your letter dated June 4, 2004. First and foremost, as we stated in our previous correspondence, we ask that any settlement proposal on behalf of your clients be submitted to us in writing. When such settlement proposal is received, we will discuss the settlement proposal with Flagstone and respond in writing to your proposal. A "binding" sublease lease agreement with your clients is not feasible until Flagstone and the City of Miami ("City") execute the ground lease. By way of background, Flagstone and the City executed an Agreement to Enter into a Ground Lease ("Agreement"). Contained in the Agreement is the requirement that each party comply with certain conditions precedent before the execution of the ground lease. Some of these conditions precedent have yet to be complied with. Accordingly, at the present time, Flagstone has no authority to enter into a "binding" sublease agreement with your clients. On December 9, 2002, Flagstone presented your clients with a Letter of Intent to Enter into Sublease Agreement ("Letter of Intent"). As you correctly stated in your letter, the Letter of Intent is not a "binding" sublease agreement. The purpose of the Letter of Intent was to receive a consensus from your clients on the basic terms of the lease agreement in order to commence with the design and operational concept for the Fish Market. Regretfully, and to Flagstone's surprise, your clients decided to cease all communications with Flagstone and instead chose to commence a lawsuit against the City and Flagstone. Your legal claim that Flagstone interfered with your clients' advantageous relationship with the City has cased the breakdown of a positive working relationship between our clients. Since December 2002, Flagstone has been forced to proceed with the design and operational concept of the Fish Market without the benefit of your clients' valuable input. Flagstone has made a good faith effort to include your clients in all aspects of the development of the Fish Market as the various correspondence and meetings clearly demonstrate. Due to the pending lawsuit against Flagstone, however, Flagstone is not able to meet with your clients to discuss the basic terms of the lease agreement. Flagstone is ready and willing to meet with your clients 1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358-6300 • FACSIMILE (305) 381-9982 • WEBSITE: www.shutts-law.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM I nNnoN Victor K. Rones, Esq. public' June 16, 2004 Submitted Into the p Page 2 record in connection with item _.. °'1 Prisgiia A. Thompson ty Cork immediately after the lawsuit against them is dismissed with prejudice. Given the lack of cooperation and the actions taken by your clients, Flagstone is concerned that your clients are no longer interested in being part of the Island Gardens Fish Market. Therefore, Flagstone must be assured prior to any meeting that your clients are truly interested in operating the Fish Market. In addition, your clients must understand that Flagstone has no responsibility for the temporary relocation and operations of your clients' businesses during the construction phase. Flagstone does not own any property on Watson Island and has no authority to negotiate your clients' temporary relocation to another site on Watson Island during the construction phase. Please be assured that Flagstone has always intended to include your clients in the development and implementation of a successful Fish Market as part of Island Gardens. The lawsuit currently pending in the Circuit Court has prevented all meaningful discussions between Flagstone and your clients as to the design and development of the Fish Market. An end to what we strongly believe is a frivolous lawsuit will go a long way to correct any misunderstandings between our respective clients. We hope that we can amicably resolve our differences without the continuance of this litigation. As further evidence of Flagstone's good faith, they have authorized Judith Burke and myself to attend the voluntary mediation that the City is attempting to schedule with you and your clients. An amicable relationship between your clients and Flagstone will benefit all parties concerned. Very truly yours, DAP/11 cc: Mayor Manuel A. Diaz Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Commissioner Tomas Regalado Joe Arriola, Chief Administrator/City Manager Alejandro Vilarello, City Attorney Mr. Mehmet Bayraktar Mr. Joseph Herndon Warren Bittner, Esq. Judith A. Burke, Esq. 691589-1 MIAMI FORT LAUDERDALE SHUTTS & BOWEN LLP WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON 05/07/2004 12:08 3055313747 05/27/04 16:20 FAX 305 --' 933 FLAGSTONE Fora & liarrison PAGE 01 lei uu£ M i a m children's museum 960 MacArthur Causeway Miami, Florida 33132 Hand -Delivery and Facsimile Mr. Joseph Herndon Flagstone Property Group LI Z 1674 Meridian Avenue Suite 3b0 Miami Beach, FL 33139 Dear Mr. Herndon: www.miClirsicisiidnnsmuasum.org Submitted Into the public record in connection with item on Priscilla A. Thompson City Cleric May 27, 2004 I regret I could net attend your meting on May 24, 2004, regarding the Island Gardens project. I had other commitments that I could not change. Debbie Spiegelman, Executive Director of the Miami Children's Museum, did attend on behalf of the Museum. She also shared with Museum Board members your emailed list or summary of "wants & requests" (your phrase) that you said were madc by the various groups at the meting and at prior meetings. On behalf the Board of Directors of the Miami Children's Museum, I am writing to clarify certain matters regarding your list, but first let me state that the Miami Children's Museum remains committed to working with you and the City of Miami regarding Watson Island for the benefit of the all members of the public_ As you know, many organizations — public and private, foundations, individuals, families and even children — have worked many years to build and bring to this community a world -class and state-of-the-art museum for children that is a place to play, learn,, communicate with other children, and share in the remarkable spirit of this community. We are not people who are tmalterably opposed to development. We welcome all good neighbors on Watson Island We are simply people who are deeply concerned for the Musetun's survival as well the public's access to Watson island generally. With that said, our general concern is the size and scope of your proposed project. For example, with two towers — one of which is 55 floors, with a parking garage that is mammoth and yet possibly inadequate for even your own needs, with the number of "tie --shares" and the traffic that must be generated to support the planned retail, hotel and other businesses, and with the elevation of the project to accommodate your plans for a "mega -marina," we fear your proposed development will dwarf the Museum and jeopardize its viability. These are not mere "warns or "requests", but pleas grounded in our justifiable fear that the a npa width ten Aeration sponsored by membership, Max d.ducstbl. Os end donations r 305.373.kids (5437) h 305.373.kid1(5431) board of directors President. Richard J. Lamm pen Maiden' & edars Samuel A Irani, L. Moe Presidents: Marlene Drr.inv .ondoil tor+ Adrienne Pardo Tyr. Carlos E. Sated Secielory: Marilyn Gadinsky a.aa.tier! t I.rdi. Jame sped wdiaid Carhre Mona ceasCelara Liado Gef Mon Cab's kINPO Collor M kshdle Diener Malho Remark Lice Gamy Lana Panesky Gould Sara 6. Herold Scott lmcis Susan Weiner Tracy Moun'in9 Jaaotwa Nt*ia ETimbrlb Panay Claudia Pebmlee boo laid s.phers Rimer board of rruereee Chairman: Alan Pobmkin Carad Cpol Adolfo flees Leadsnhlp Commros.: Irmo & Norman groom frasNes Mod.L.i.a a MGdcy Mrisar, Sandy &athebr wham Odom gado & iowenae fommn lei Joao* & Sap Gnu animus & Fred Ha,enick GUN Nelfman Gone Knee IGrk London David Lawrence..h. Donald WOO Wort M. Levy }il & Rohm' Mork srsJsrla,nne O'Loughlin Eduardo Par Leslie Perron 1. Lourinda Spear Moms R stir helm lobed Tiaurip Judy & Sh..waod %User Kiley & Sob Wooer folly %via, OX.Nthrs director Deborah Spis .Imaa founders Da tes own., &share &Almon 05/07/2004 12:08 3055313747 FLAGSTONE PAGE 02 0,5/27/04 16:21 FAX 305' ``5633 Fora do Harrison uua • Mr. Joseph Herndon May 27 2004 Page 2 of 4 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk character of Watson Island will change drastically and will include gridlock and limited access — all characteristics that would not only impair public access generally, but would seriously endanger the survival of the Museum and possibly other institutions on or near Watson Island. We remain open to suggestions and discussion among all interested parties. Yes, as you suggest, we are concerned with a number of issues: the South Road, the continuation of a pedestrian plaza at the drop-off area, the difference in the elevation between the proposed new perimeter road and the Museum, the use of the existing or planned roadways by your employees, valets, "time-share owners, guests and service vehicles, and the impact generally an the children and the play areas of the Museum. And, yes, we asked you directly why you and your project have consistently opposed through the City of Miami the opening of a small, elementary charter school in the Museum when such an educational purpose is perfectly consistent with our mission and current programming,when our Charter application is so highly ranked and regarded by the educators in our community, and when the need for such a school serving Miami is so clear and very much wanted by our community. We did not ask for your support, though we would not reject it Instead, we were attempting to understand your reasons for such intractable opposition to educating children in a children's museum. First, you mentioned traffic. We responded that traffic would not be a problem and explained the details. Second, you mentioned regulations concerning minilnwn distances between schools and establishments serving alcohol, but everyone quickly acknowledged the process for, and existence of, waivers of such minimum distances in urban settings. Filially, you mentioned possible future legislation of which your project might want to avail itself, including any law allowing casino gambling in Miami. We found this utterly amazing and disappointing. Obviously, any such plans for gambling are truly speculative. Further, we believe educating children is a far more concrete and important purpose than possible contingency plans for casinos in Miami. We have other concerns and specific questions as well. We believe these need to be addressed on the record. For example: 1.) Is there sufficient parking to accommodate your proposed 900 full -rime equivalent employees, 500 hotels rooms, 100 time-share units, and the visitors to the 220,000 square feet of restaurants, retail shops, other facilities, and the 50-slip mega -yacht marina? If the project is built and there is insufficient parking, will Island Gardens commit in writing to pay for the construction of a suitable parking garage where the City's surface lot is to be located? 2.) What are Isl+md Gardens' plans to deal with overflow parking needs on the island due to special events, meetings, and banquets — all of which take place on a regular basis or will so take place? Encroachment upon the limited parking available to the Museum and its patrons is a very serious concern. 05/07/2004 12:08 3055313747 FLAGSTONE 0.5/27/04 16:21 FAX 305'—'5033 Ford & Harrison Mr_ Joseph Herndon May 27 2004 item on----�—' Page 3 of 4 Priscilla A. ThCity Cson lerk PAGE 03 Cuu4 Submitted Into the public record in connection with 8.) Who will be using the roadway now shown by you running parallel to the 1Vrami Children's Museum and, if there are reasonable restrictions, how will those be enforced and by whom? To date, you have provide us with varying answers to these questions and thus our concerns are heightened. Further, why must the planned increased elevation of the entire project be such that it will virtually bury the Museum from view? 3.) If the parking garage is built as currently proposed by Island Gardens, what steps (e.g., screening, vegetation, design) will be taken to minimize the negative impact on the Museum and the public? Although we have heard various suggestions, we have yet to see in writing any responsive commitments that resolve these problems. 4.) What is the location and plans for staging during construction and how will construction be accomplished without negatively affecting the Museum as well as others on Watson Island? Obviously, this is a very serious concern because the impact of the disruption during construction could itself endanger our patrons, the children and the viability of the Museum. 5.) Will your construction crews, contractors and others have credentials and security clearance to assure safety? What security will you provide? 6.) The Island Gardens plans that we have seen to date do not reflect adequate pedestrian access from your proposed project to the Museum, including reasonable access for the disabled as well as young children and we would want to know what your commitments are in this regard- Are there any? 7.) What will be the impact on the Museum of drainage from the planned and newly elevated roadway (rising from approximately 5 feet to 21 feet) and what are Island Gardens' plans for mitigation of such drainage and related problems? 9.) Since the planned roadways are not necessitated by the presence of the Museum, the Museum requests written confirmation that Island Gardens will absorb any costs of such as well as the costs of related improvements for landscaping and maintenance as required by any regulatory or other public authority or by the physical needs of the location (including, for example, the South road and other roadways)? 10.) The Museum requests written confirmation that service vehicles, garbage trucks, and others will enter and exit the project only from the north/west side of the project as currently planned or in such other manner as the Museum. shall agree upon following a review of any proposed changes in the project Is the Museum's understanding that only in bona fide emergencies will 05/07/2004 12:08 305531.3747 FLAGSTONE 05/Z7/U4 15:Z1 1''A.b 'Sub 'oifaa roru a narrlsou PAGE 04 WA VW). Mr. Joseph Herndon May 27 2004 Page 4 of 4 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk the access mad between the Museum and the island Gardens be used by Island Gardens or anyone associated with Island Gardens. Ingress and egress as well as traffic generally are major concerns of the Museum. I cannot speak to the objections and concerns of the other organizations and people concerned with development on Watson Island but, for the record, I will state that your recitation or summary of their concerns also appears to me to be far from complete or accurate based on the meetings at which representatives of the Museum have been present. I will, of course, not presume to speak for the others. I reiterate, however, that we remain comuutted to working with you as good neighbors to preserve and protect the neighborhood itself. Thank you. Samuel A. Terilli Board of Directors SAT/k1c Miami:62220.1 497 P02/04 APR 12 '04 08:48 "the Urban Environment • • 212 N.F.. 241th Street, Miami, a 33137 Phonti 305 576-2553 • Fat 305 576-2530 Webs t - ivilfiivaiel.Afg $-Mail: uchniandebellsouthinet Ijidicitteitto Comuntityconneitiais finvigh Publish t'tdp)r life and krxxti6ddhifonnosion jurAfi offhorPMule [Xttu+►ar SdA f PryydgK Nancy l iebman Vie Preside t Man.1rmgn M, tncv Treasurer Carrion Perron:, Secretary Albeit Hsium•Atvawr Past Presidem C..gney Ruch Roan' of Directors Keay I Ianw& Apkl Judith P rton ( mete" kriel !IMAM Chi ,Zopher Brown Ctuia DeCark, OM Del eon Ric.twd lhoOthmo I nbers f 14evie s Tut kit Gibbs Rauh l> c nhs '.44.4ln JOII6b04 James Jude Richard Kerman )nIph Kati Narxylee Ink Mutt Neal McAuley Robert McCat e` l'aU it is Mimes 1 ibert Ntre.t Ruder Denis Russ hoer Sehweip IloTwan1 SatniCk Gene iinnie Aim! efA4ensors Cm -Eery Ruch Chair `.ally: lake Notothy f iNdt Paul (sets ge l)an earl H.rabeth Plater Jyherk Arend.; Marshall fvva Moore Puka McCabe M Atharie Range mite hem Wolfson, Jr tit.e try Mesern a e N wrto q an of VO4X7er ee Inin i i ev An, Wolfe Clutch -in Much 31, 2004 Honorable Commissioner Johny C.. Winton Miami City Hall 3500 Pan American !)rive Miami, FL33133 RE: DEVELOPMENT ()I' WATSCIN 1S1A14r) Dar Commissioner Winton. Af'H - 6 2004 The Urban environment lAvtgue of tirrater Miami is a non -pion, community -based organization whose mission includes the pet icon and prostavation of public land for the public's use. The I)f I. has nraaninesi Island Garden's documents for the• protcrt proposed on Watson Isiand'R publicly owned waterfront awed by the city of Mtarni UEL considers the island Garden project to be an inappropriate um: of public: waterfront land The issuance of an lt.FP for 24 acres on Watson island in the year 2001 was an act cd desperation resorted to by then city officials in the wake of a financial crunch. Ridding out the public land was an invalid act of faith tatted an the restuctive deed li19447 filed IYY the state in 1949 that states Watson Island was deeded to the City of Mia,ni fatnvidCti the city Mann give or grant any license or permit to any private person, fungi or corporation to construct sttuctures, buildings or other thin* on the ..lards cr any pert tlwreef liar any private u.0 c,r purpose." The deed further states that the city "never soli or convey or lease the —land, tv any part thereof to any private person. firm or corporation for any private use or puree*. 't being the intention of this restriction that the: said tan& .halt tic sued se►lely pride, purposes, including municipal purposes and not otherwise." The UF.I. urges the City of Miami to cacee: a public pi IM=b11. to update its Masse plan of Watson Island pries; to c mmcnt isnp, further cunatruc tine on the Island, including island Gardens and the proposal for en is CAA Hcadyuartetis. The existing; Warm lslard Masu-r+lan was created in 1089, prior to such events as the opening of the Pzrrot Jungle, (hihfre•n'. Museum, the rebirth of South Beach. the Petitioning Arta Comm and the new residential structures emerging in the downtown. The cxistiup Watson island Masterpian;Aldine% a small hotel, pre active recreation fields and public open space. Thor NMI% have been absorbed by the PaTTot Jungle and the Childran's Museum. There must he no fltrtber diminishment of public land until there is an updated master plan that addresses the following. ar INIRAS'IR[CIA IKE CAPA(:CIY b. IMPACT ON MtMI( :IPAI . SERViCES 0. MACARTHUR CAUSEWAY IMPACT RI'si.A1T1) 'II) TIR. k:Xlt 1INCi Ahl) PROPOSED WATSON ftit.ANI) 1)FF.V141)PMHN I AND !EA 1. Of- INI SIJRR0IJNI)INt:I.NVIR()NtiOF MIAMI tiliA(11 ANI) I)f)WN !OWN MIAMI Submitted Into the public record in connection with item on Priscilla A. Thompson ,City Clerk 497 P03/04 APR 12 '04 08:48 d. CONFORMITY OF PARK ANI) OPEN SPACES RATIO ACCORDING TO MIAMI :S COMPREHSI'VE PI .AN ANT) TI IE NEED FOR MORE CREATIVE OPEN SPACE e. PUBLIC ACCESS TO TIIE BAY AND A COMPLETED Pt AN FOR HA Y WAI.K ACCESS FOR THE ENTIRE !SIAN%) f. PEDESTRIAN AME•NITIFS AND ENHANCEMENTS ThROtu:llotiT WATSON ISLAND g. ENVIRONMENTAL IMPACT OF EX!S11NG ANI) PI ANNER° CONSTRUCTION ON 'TILE ISLAND The Urban Environment League is opposed to the chn,nic give away. leasing and sale of public lands on Watson island without the above desert -hod study. We use the City of Miami to cease and desist with any plan to build an FTAA Headquarters of any other non water related public projects is on the. island. With regard to the Island Garden Project, UHL objects to the following conditions: Theta is an imbalance of public use. dlie Rip requited that "et critical development objective for all of Wieson bland is to BALANCE publicly oriented uses with commercial elcve:lopment". Afar examining all of the related documents and meeting with Island hardens representatives, it is evident the public amenities are sparse_ in the contract between the City of Miami and Island (indent, the statement about public amenities is? 'THE PROJECT IS INT1 NO1:D TOO BE -OPEN TO FM PUBLIC' AS MUCH AS PRACTICAL" - The main public amenities are to be located on the V° level roof of the parking garage. Flagstone, the developer, is a private, to -profit entity. Ilse deed re m icons precludes the sale, lease, license or permit to a private paten, firm or coiporatinn. Therefore, there is a inhibition of time - slimes in the hotel and marina. The City and the developer a mered into an agrocrnont that allows for "time -ahem Scarabs". A "time-share license" is not defined in City of Miami Chapter 2502. SPECIFIC DEFINITIONS_ The "time-share license" skirts the spirit of the prohibition of lease or ownership and appears to be a typical hotel use for the: purpose of circumventing the: definition of a time share as defined by Fl Statnte_c Chapter 721. The City of Miami has not r,uartinsceil in the lease with Island Garden that all public arneeitie s proposed by the developer SHAIa. be completed. The city and the developer provided a list of all island Garden's public tsutallittea to the; State fox the purpose of obtaining a waive„ t of du, eesttietive: deed requirements. Most of those amenities do not appear in the lease agreement The following public amenities as stated on the State's list do not appe]er in the tr tee doctltnnnts: A guaruitae that Fairchild Garden will provide a unique series of gardens A children's playground "not intended to be a trivial experience" Specifics about the Historical Museum or South Florida Maritime Gallery Festival Tarmacs Recreation dedicates! to the public A Promenade of Palma A plan for Mum -yacht Tour,. Details fora ..learning center:' to teach constniction trader, to the unemplssyt%I during the construction phase of the: proimt Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk 49? PO4/04 APR 12 '04 08:49 The existing Watson Island Master Man outlined a hotel of no aunt. than 5 acres, not a height of more than 30 feet above the Flood Plane Criteria. 17 a proposed hotel is meet Om 20 acres, including, 1300 fed of shoreline, a 1700 oar garage and '1.? 1.000 square fit of retail space. There are rcedway access issues that may impact the required fish market The city has made no pleas to open additional greens/peen end parkland as approved in the City of Miami ordinance No. 12131 dated October it , 2001 rant statcs "ell land nul subject ki a tease of althc+ci ed development shall remain as open greenspace and path r>sc". Now that the Greater Miami Visits and Convention Bureau has abandoned their plans to build a Visitor's Center. that site must be joined with the adjacent 6 sere pankiend and rejected as a funx'e development siw The city trust mere and desist with giving away, selling or leasing any more public land on Watson Island. It hhnuld immediately reject a plan for the non related waterfront office building for the FTAA or any other development. The city has not outlined the projects that will benefit from the proceeds of the proposal bowl and uterine development. This should bit included as part of the public process in developing the new Watson island Masterplam. The lease allows for gambling boats, possibk gambling casinrxt if legali ed and potential "private clubs" Mu* described as a "staff lounge" ear "an executive floor." Private clubs weir strictly lxtrhihitcxl in the RFP. The UEL has presented this in-depth look at the !laws. is the Watson island development plan. We art requesting your immediate attention to these issues and a response to our request a public process designed to create a workable plan for one of Miarni's most incredible pieces of public waterfront plan. Submitted Into the puW is record in connection h item .._.. on Priscilla A. City Clerk 497 P01/04 APR 12 '04 08:48 235 Catalonia Avenue Coral Gables, Florida 33134 phone: (305) 444.4848 Fax: (305) 444-1128 o-mall: bmayybcmpartners.aom To: Joseph Herndon: (305) 631-3748 Mehmet Bayraktaar: (306) 531-3748 Judy Burke: (305) 347-7787 Reggie Bouthdfer: (850) 681.0207 Brian May Cianeto Muy Dudley Maley From: Brian May Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Pato 4/12/04 Pages 4_, Including this one Rae Watson Island eft ❑ Urgent t 1 Fee Review Cl Plasm Continent 0 Please Reply O Ply Recycle • Comments: URGENT: FYI Statement to the Miami Planning Advisory Board June 2, 2004 Embargoed to the public until 6:00 PM Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Thank you Mr. Chairman and Members of the Board. My name is Stephen Herbits. I live at 1000 Venetian Way, Miami. I am here today representing the 1000 Venetian Way Condominium Association, Inc. and its 123 residences as well as the Venetian Causeway Neighborhood Alliance, Inc. and its 1500 residences. The Boards of both of these organizations, by resolution, have approved my appearance before you in order to present the statement to follow. Mr. Chairman, I wish to begin by thanking the Board for continuing consideration of the Flagstone Island Gardens Project at its meeting on May 19. Your continuation has prompted much useful activity. First, we were able to obtain from various City departments much of the documentation that members of the community needed to be able to comment to you today. Second, at our initiative, there have been two meetings with the Flagstone group which we attended: one on Monday, May 24 on Watson Island and one on Wednesday, May 26 in the Community room at 1000 Venetian Way. Some 50 residents of both the Condominium Association and the Neighborhood Alliance attended the latter meeting. At both meetings, the Flagstone Group graciously presented their perspective on the project and listed concerns from the community. Third, community members have had an opportunity to review some of the documentation, to hold their own meetings and communications to consider the issues, and, based on those, to initiate contacts for professional advice. We are here today, Mr. Chairman, to request again that the Planning Advisory Board postpone any final vote on the MUSP for the Island Gardens project. It has become clear to us that the materials that the Flagstone Group has presented to the Board contain serious flaws and are materially inadequate for the Board to make a fair judgment of the project. We would like to summarize some of those concerns for you today: 1. Traffic. The MUSP Application, Section A 4 a. "A traffic analysis shall be submitted for an area within approximately 'A mile of the site, or an area including major intersections to be impacted by the site, whichever is larger. (Attached at Appendix A.)" Our organizations believe that the Traffic studies are so flawed that in its role as advisor to the City Commission, the PAB should not rely on the information to make an infonned judgment. The flaws include the following six points: Submitted Into the public record in connection with item on Priscilla A. Thompson �-.. City Clerk 1.1 No caneEvacuation study was undertaken. That may be consistent with Mi ''s tradition urban rules for this kind of analysis, but perhaps insufficient nsidering th umber of people who may be present in a project that has some 600 hote ctionally owned rooms/apartments and 220,000 square feet of retail space, + mega -yachts with staff, not to mention special events that could reach; by their own estimation, 20,000 people. N While the City of Miami is not required to consider the traffic problems of the City of Miami Beach, including the Islands accessed from MacArthur Causeway or the unincorporated area of Fisher Island in the County, hurricanes do represent a real and present danger for those communities. An appropriate study that addresses these concerns should be included. 1.2 The study does not consider sin er traffic on the enetian Causeway — a matter of some concern to the 15 idences on th Causeway, including many City of Miami residents. absence ofdewalks along significant portions of the Causeway snakes the ' ue not ju3't one of inconvenience, but also one of pedestrian and cyclic ety. The study uses the during peak (4-6 PM) affected roadway is used volumes occurring on Friday Sunday days. It accurate and inform particular traffic evalua aditional City of Miami urban rules to examine traffic eekday (Wednesday and Friday) times. The marily for travel to Miami Beach with peak d Saturday evenings and Saturday and erefore virtu impossible for the Board to make an decision baseon a rule that is inadequate for this n. Last week, Flagstone informe• s that they w-re planning to undertake a quick study over Memorial Day. c . e weekend — with the unusual Beach circumstances of a special event sim aneously with no toll on Venetian Causeway — is demonstrably insufficien A substantial p f the data presented was from 1999 and 2000. Current data and professional, rketing-based projections are required, given the extraordinary growth of co ercial and residential development in downtown Miami, Biscayne Bo yard, including the Performing Arts Center, the Design District as well a dditional developments in secondary streets. Nor does the data ade tely recognize the growth of iami Beach. 1.5 The analysis does not consider neighborhood special projects or special events, such tea. the impact o he proposed tunnel, Baylink, or the FTAA; b. the presence o rrot Jungle and the Children's Museum — both new institutions that are ' st building their clienteles; c. the potential coincide 1 use of the American Airlines Arena, Bicentennial Park, the Pe orming Arts Center and an event at Island 2 Submitted Into the public record in connection with item ____ on ------ Priscilla A. Thompson City Clerk gardens; d. nor the current useof the property for the annual Boat Show, July 4 Fireworks, and multiple, new themed weekend events at the Beach. These factors, especially if several occur simultaneously, could result in congestion that would disrupt traffic on northbound and southbound Biscayne Boulevard, as well as on I-95. In particular, the study does not consider p ns for the presence of up to possibly 20,000 people attending special even at Island Gardens alone. (See MUSP A.1.b.paragraph 4) In addition to special projects, the PAB should seek her professional advice concerning the growth factor of .84% used for fut e projections. While convenient to indicate that there may be no problem fr traffic, there is reason to question such a modest growth factor, espec%ily given the development already . centring in the tourist industry. 1.6 The analysis does not include th pact on left turns from MacArthur Boulevard on to Hibiscus, Palm an tar Islands, increasing possible danger as waiting cars stick out into the . st east -bound lane. 2. Access The MUSP (A,1,b) includes a "statement describing in detail the character and intended use of the development or activity." The theme of this project, indeed the description contained in this section is clearly designed for the very rich and the most well-to-do. Nevertheless, the MUSP includes the following language (A.1.b, third paragraph): Island Gardens will create expansive public gardens, galleries, events and educational programs oriented to children, adults and families bringing Miami's residents and visitors back to the Waterfront. Flagstone will provide over 6.5 acres of space on the site for the full and total enjoyment of the public. And also this language in the sixth paragraph: Island Gardens will provide approximately 221,000 square feet of net retail and dining space positioned to offer a critical mass and mix of tenants of varying price points. These promises stem directly from the deed for this property, also included in the MUSP and including the following language: "...this deed is given and granted upon the express condition subsequent that the Grantees herein or its successors and assigns shall never sell or Into the Submitted oon with ublic record in connection item on ------- Priscilla A. Thompson City Clerk convey or lease the above described land or any part thereof to any private person, firm or corporation for any private use or purpose, it being the intention of this restriction that the said lands shall be used solely for public purposes, including municipal purposes and not otherwise..." Given Flagstone's desire that the State of Florida exempt this property from this provision, one would have thought that their plans for its pro ect would included at least[ome gesture for the typical Miami citizen and visitor] The MUSP before you is insufficient as a basis on which to make a decision at this time for the following reasons: It does not contain sufficiently specific descriptions of what public access will be given, at what times, for what purposes, and at what charges. There is a statement of intent to have retail outlets and restaurants that appeal to a wide variety of patrons. This language is very subjective and therefore specific details should be required. At the community meeting, when residents voiced concern that the restaurant prices would be out of the range of the average Miamian, they were told there that there would be II someplace for the crews of the mega -yachts to buy a hot dog. There is some description as to gardens and walkways. However, in that public land is being converted into a money -making proposition for the benefit of and for the use of the wealthiest, we ask the PAB to assure itself of specific commitments regarding public access. /There is no provision, either in the MUSP or in its associated lease agreement that assures compliance with the minimal hoped -for public 1 access that is mentioned. Funding for maintenance of the common facilities (A,1,g) is to come from operational revenues and retail CAM charges. The PAB ought to seek answers to the questions as to what happens if appropriate steps are not undertaken, or maintained, or insufficiently accessible. The PAB ought to seek answers to the questions of who has standing to challenge the Project, will there be a financial penalty, who is responsible for enforcing the provision? Of particular note are both the shortage of available parking and that all ?arking will be by fee only. What are the implications for public access to his property? As currently written, the MUSP is an invitation for one side of the "deal" -- the developer -- to ignore without sanction the other side of the "deal" -- the public -- that is giving up the property for this private venture in exchange for access, not just the privileged few, but for the public at large. The PAI3 should ask the Developer and the Community to negotiate a specific agreement to assure that Miami has fair and reasonable access to this space. Flagstone Developers at their community meeting on Wednesday, May 26 compared their project favorably with the Sydney (Australia) Opera House. It (would hardly be surprising that were Miami's Performing Arts Center to be built on this public space, our opposition to this project would be minimal. The Sydney Opera House is for the public; this project is for the wealthy providing profits to \ the wealthy. 3. Amenities As noted above regarding access, the MUSP includes promises of amenities. For the same reasons as stated above regarding access, it is our belief that the PAB has insufficient information on which to make a fair judgment of whether the Project as currently designed intends to deliver amenities and what enforcement provisions are available to ensure that they are delivered. Submitted Into the public' record in connection with item on Priscilla A. Thompson City Clerk For example, to help elucidate the intentions of the Flagstone Group's commitments in its MUSP, one can make reference to its Ground Use Lease with the City. In that document, a Civic Arts Endowment Trust is set up to fund part of the promised amenities. It is the view of these organizations standing before you now, that it should be clear to the PAB that the information provided by Flagstone is insufficient to assure even a modicum of evidence of a commitment to the promises it makes in its application. To begin, the Civic Arts Endowment Trust (Section 26. 2 of the lease) is funded from "net operating income from the Lessor and each applicable Subtenant." Every other financial provision benefiting the City of Miami is based on specific dollar fees or taxes on revenue, not on "net operating income." Who will define "net operating income?" Who will review the books to assure the accuracy of that figure? Why is it not based on the simpler calculation of "revenue" available to the City, County and State? When is achieving a "net operating income" projected? On what analysis is that projection made? In short, what is the likelihood that the Trust will actually be endowed? Once there is an endowment, the expenditures for the Civic Arts Endowment Trust come not from the endowment, but from the income from the endowment? To make a fair judgment, it seems to us, the PAB should be asking what anticipated expenditures for public amenities are likely, if any. And further, the PAB ought to ask what alternative provisions will be made to assure there is an endowment of a sufficient level to assure an adequate income for these important community needs. 4. Parking Much of the discussion at the Wednesday evening Neighborhood meeting with the Flagstone Group focused on traffic and parking. Parking affects access; traffic; noise; design of the facility; access roads; exterior appearance; income, city revenue and the size and scope of the project and should be considered from all of those vantage points. 5 AGM Y)-yvr)ci f P Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk One point in particular, however, deserves special mention for the PAB. In response to a question, Flagstone indicated that if the current 1610 spaces are inadequate, they would provide spaces for their 950 FTE employees off -site. This is such a likelihood, that we believe that the PAB should defer a final decision of this proposal until Flagstone presents a specific plan for accommodating this }need. With the American Airlines Arena already in existence, Performing Arts I Center coming on line in 2006 without any designated parking, and with new high rise properties in the environs of Biscayne Boulevard increasing rapidly, the PAB ought to evaluate off -site location proposals in terms of their impact on the surrounding businesses, residences and roadways. Si The ► P (Section A,1 j) states that "a package of uniform design guidelines will be suitted to ensure that signs have adequate uniform character while maintaining dividual aesthetic expression." Spending millio •n a Project design without providing the PAB with any notion whatsoever of signa design that may be seen from all sides of Biscayne Bay suggests that the PAB es not have adequate information at this stage to make a determination about this p oject. As written, questions about who approves these lr�signs reinain. /11132:-.'1/462.14). C147 Screens and Buffers The MLTSP (Section A,1,,f,6) does not include a sufficient description of the 107- foot pedestal on which this project is built and which will house garages and other utilitarian facilities. Venetian 'Causeway residents are directly affected by the details of this aspect of the building in particular and requests that the PAB defer a final vote on the project until such 'me as the details of this wall are completed, hopefully with neighborhood input, an ecified in writing so that the PAB can make an informed decision — one with wl i they have confidence will actually be part of the final construction plan. 7. Economic Impact The MUSP (Section A,4,b) provides economic impact data. Those studies as presented in a letter from the Miami Economic Associates, Inc. to Judith Burke, Esq. counsel for the Flagstone Group are inadequate for the PAB to use as a basis for a final decision on this project. The organizations I am representing here today requests that the PAB defer a final decision until such time as the inadequacies of the Financial Studies are repaired. L7.The PAB should request the following additional data: 1 Substantiation for the assertion that "when the project's operations stabilize, it will generate in excess of $185 million in annual revenues at 6 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk the marina, within its hotels and retail and restaurant establishments and from parking." This estimate is critical as so many the expected revenues to the city are dependent on its achievement, yet no keting information to permit examination of this assert'. n has been ma available. When this project is described t nany people, their first reaction is to ask: Lhow doss Island Gardens expect to . - successful with their retail space d their hotels? Thus far, Merrick Pa has demonstrated lackluster performance and the new 5-star hotels on : rickell and Miami Beach are not yet near capacity. We think these are g.:. questions. "The fractional share units are projected to generate $204.6 million in sales proceeds." That the City is to stand to gain from the sales of these units is undisputed, yet there is insufficient data to corroborate these projections. Given the luxury housing market, they may well be appropriate, but currently remain unchallenged, as there is no information on which to consider them. 7.3 Miami Economic Associates projections include an impact of $500, i 0 0 to the area for each mega -yacht that visits. Yet, there is no data to back up ..'s projection. 7.4 The MUSP does of provide any information to the PAB on implications for the Flagstone project not meeting its published projections. A description of a range of possible outcomes and their various impacts on the City should be requested. In summary, the PAB should seek to determine whether there is clear evidence that the successful long-term economic and financial viability of this project is based on a proven set of economic and financial criteria and whether the criteria -can reasonably be expected to apply to the Flagstone project. 8. Size an. cope Finally, we ask • .t the PAB defer its final vote of this project until the community can pres.. t to the Board its own analysis of the impact of the size and scope of this project. n t initial project was considered, it was less than half the height of the current pro . os with obvious differences in its impact on the community. Providing an opportunity for an organ'.d and serious commentary on the new size and scope of the project would be f appropriate as a basis for a PAB decision to continue consideration of this p ect further. The VCNA and the 1000 Venetian Way Condominium ociation, Inc. thank the Board for giving us the opportunity to present our views to you. Statement to the Miami Planning Advisory Board June 2, 2004 by Steve Herbits, representing the Venetian Causeway Neighborhood Alliance, and the 1000 Venetian Way Condominium Association, Inc. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk 2.1 As described frequently in public meeting, all exterior areas, including ground, and floors 2-5, as well as Promenade and Piers are accessible to the public. This accounts for 60% of the area. Additionally, the interior retail, hotel public spaces, and garage are also accessible to the public. All restaurants, spas, hotel rooms, and marina slips are accessible to those paying for services or uses. Due to liability, only pools, decks, and guest recreation areas are exclusive to guests. 2.2 Judy - Help? How would City Guarantee access? We do have drawings showing these areas, but no one ever asked for them. 4. The project exceeds code required parking spaces. At peak capacity, Flagstone has previously agreed to find parking elsewhere, induding shuttling its employees from the mainland. Flagstone has had several meeting previously with the Department of Off -Street Parking regarding locations for mainland parking as well as its own research on other nearby parking facilities with parking space surplus. Flagstone is making a $425 Million investment for this project. We more than anyone else are concerned that there is adequate parking and access. 5. Required signage standards were submitted and approved unanimously by the County Shoreline Committee, whose approvals are incorporated into the MUSP. Members of the 1000 Venetian Causeway Association and the Venetian Causeway Neighborhood Alliance were in attendance at this meeting and spoke. 8.No specific height was provided in the original response to the RFP. There is no height restriction in this location. The Flagstone program of uses has remained the same since the response to the RFP. The heigktt has increased due to the following reasons: FEMA Revisions to minimum flood and surge elevations US Dept of Homeland Defense requirements for secured lower level Addition of 2 levels of open air space above the 5'h level to minimize blockage of views and provide a greater sense of open space Increasing guestroom and fractional floor to ceiling height from 9 to 10 % feet. • Providing 3 vertical elevator service cores in the singular building housing 5 Star Hotel and fractionals. HERBITS PRESENTATION: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Responses to Statement submitted to the Miami Planning Advisory Board, on June 2, 2004. 1. Traffic. 1.1 The Traffic Impact Assessment conducted by David Plummer and Associates ("Traffic Assessment") factored in the possible need to evacuate the area in and around Island Gardens on Watson Island (the "Project') in the event of emergency. In conducting the analysis, the Traffic Assessment accounted for existing residential developments on Palm Island, Fisher Island and Hibiscus Island, as well as South Beach. The statement to the City of Miami Planning Advisory Board ("Statement") accurately states that hurricanes present a real and present danger. The Traffic Assessment factored in the impact the Project will have in the event a hurricane or other naturally occurring emergency should arise. The hotel and fractional unit portions of the Project have predetermined evacuation plans to ensure the safety of all visitors and guests. As such, the Traffic Assessment represents an appropriate study addressing all concerns relating to the evacuation of the areas near and around the Project. 1.2 The Traffic Assessment fully analyzed the traffic impact of the Project. The Traffic Assessment analyzed the collateral impacts the Project will have not only on Miami Beach roadways but also on main roadways and thoroughfares connected thereto. This includes, but is not limited to, all northerly, southerly, easterly and westerly roadways including the Venetian Causeway, which will be collaterally impacted. 1.3 The Traffic Assessment used nationally approved methodology in order to examine traffic during peak hours from 4:00 p.m. to 6:00 p.m. Additionally, the Traffic Assessment examined adjusted 2004 p.m. peak season and peak hour traffic volumes at the intersection of MacArthur Causeway and Alton Road and on the south side of Watson Island. Accordingly, the Traffic Assessment provides accurate and statistically sound data. To prove that point, the City asked URS Corporation Southern ("URS"), to review the Traffic Assessment and issue an independent traffic analysis. After reviewing the Traffic Assessment, URS determined that it was sufficient in all respects, and accurately reflected both existing traffic and predicted future growth potential for traffic. 1.4 Consistent with nationally approved methodology, each component of future traffic growth calculation was applied. The aggregate composite traffic growth for roadways and thoroughfares analyzed in and around Miami Beach ranges from 2.9% to over 11% per year. Growth rates are based on the following: (i) normal growth, (ii) unbuilt Increment I DDRI, (iii) unbuilt Southeast Overtown Park West DRI, (iv) Portofino DRI and (v) Increment II DDDRI traffic. All of this data accurately recognizes and reflects present growth as well as future growth potential of Miami Beach. 694657-1 1 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk 1.5 (a) The Traffic Assessment did not analyze the proposed Baylink or the possible headquarters of the Free Trade Association of the Americas ("FTAA") in determining the impact of the Project because it would be improper to do so. If the Traffic Assessment had considered these possible projects, any analysis would have been simply conjecture amounting to nothing more than an educated guess as to how the potential projects may or may not impact traffic. (b) Not only does the Traffic Assessment factor in Parrot Jungle and the Miami Children's Museum, but it also studied all internal intersections on Watson Island. The Traffic Assessment analyzed traffic conditions pertaining to Parrot Jungle and the Children's Museum and determined, after conducting a future corridor capacity analysis as well as a future intersection capacity analysis, that existing ingress and egress roadways have enough capacity to accommodate increases in traffic. (c) The Traffic Assessment did not analyze the potential simultaneous uses of the American Airlines Arena ("AAA"), Bicentennial Park and the Performing Arts Center scheduled to open in May 2006 for the same reasons it did not address the Baylink or the FTAA developments. It would have been statistically irresponsible to engage in guesswork as to possible impacts of the potential simultaneous uses of one (1) or more of the entertainment venues listed above. Additionally, the November 25, 2002 Pre -Application Summary Memorandum ("Memorandum") from the South Florida Regional Planning Council, did not require the Traffic Assessment to account for the above entertainment venues in determining the impact of the Project. (d) The Memorandum did not require the Traffic Assessment to factor in the annual Boat Show, nor July 4th fire works shows, nor any weekend themed events in determining the impact of the Project. 1.6 The Traffic Assessment factors in the impact of increased traffic from the MacArthur Causeway going both in an easterly and westerly direction. The Traffic Assessment concluded that there would be no significant collateral impact on any of the corridors leading into Miami Beach. This includes, but is not limited to, MacArthur Causeway, 5th Street, and Alton Road. 2. Access 2.1 In Article 17 of the City of Miami Code ("Code") governing the provisions for application and approval of a Major Use Special Permit ("MUSP"), there are no requirements to provide schedules and fees for public access to developments subject to the MUSP. The MUSP specifies that there will be retail and dining facilities. The dining facilities will include a wide array of cuisine at varying price levels. The Project is focused on attracting and promoting passive public recreation for all visitors to and residents of the City. The Project is committed to providing access to the public in order to provide visitors to and residents of the City with an additional recreation destination. 2.2 Under the terms of the Ground Lease ("Lease") entered into between Flagstone Island Gardens, LLC ("Flagstone") and the City, Island Gardens has an obligation to provide 694657-1 2 Submitted Into the public record in connection with item _______on Priscilla A. Thompson public access to the Project. The Lease further requires that Flagstone must provide public City Clerk access to the various amenities including the grand promenade along Biscayne Bay as well as areas of public access and assembly. In sum, the Project is contractually obligated through the Lease to provide all of the amenities and public access which it has promised. 3. Amenities As part of the Lease, the Project is to include a number of amenities aimed at promoting public access and passive entertainment. As part of the Lease, Flagstone has agreed to establish a Civic Arts Endowment Trust ("Trust") to fund a portion of the amenities. The Trust will be funded from net operating income of the Project. These funds will be used to provide for the operation, maintenance and repair of all civic spaces within the Project, including the maintenance of the gardens, reflecting pools, public art and various art related festivals hosed at the Project. The Lease stipulates the managing board of the Trust will include members from the City as well as representatives from Fairchild Tropical Gardens and the Historical Museum of South Florida. The amount of net operating income to be allocated to the Trust will be agreed upon by those parties. Any objections to the Trust would be moot because the terms and structure of the Trust were approved by the voters of the City, and the operation of the Trust is a matter of contract between the City and Flagstone. 4. Parking The parking facility will have 1,610 spaces. This number exceeds the number of required spaces under the Code. Flagstone has gone on record as willing to provide shuttle service to all full-time employees of the Project in the event additional parking is required. 5. Signs The various signature signs for the hotels, fractional units, retail, dining and marina facilities will be submitted to the City for approval. All signage for the Project will adhere strictly to the approved standards. Specifically, the signs will be of uniform character and will maintain the uniform aesthetic expression of the Project. 6. Screens and Buffers The MUSP, in Article 3, Section G, includes over twenty-five (25) architectural drawings and renderings illustrating the proposed screens and buffers, which will enclose the pedestal of the Project. All of these drawings provide for the use of integrally colored pre -cast concrete panels, as well as perforated metal panels, and panelized stone glazing, all of which will be of uniform aesthetic design. These materials have been selected because they are in uniformity with and complement the fritted tinted glass and anodized aluminum, which will be used in constructing the hotel and fractional unit components of the Project. 7. Economic Impact 694657-1 3 Submitted Into the public record in connection with item on Priscilla A. Thompson City, Clerk 7.1 The Miami Economic Associates Economic Impact Report ("Economic Repo ") details how the City, the County and other governmental entities will benefit from the recurring annual revenue generated by the hotel, marina, retail and restaurant portions of the Project. The sales of the fractional units located at the Project will also generate recurring property tax revenue for the City as well as the County. 7.2 The Statement suggested that current figures for the luxury housing market in the City should be used to determine the accuracy of projected sales revenue of the fractional units. However, it would be inappropriate to use the luxury housing market figures to determine potential sales figures for timeshare units. In the Response to the RFP, Section VII, Marketing and Economic Feasibility, and Section VIII, Financial Planning, the feasibility and financial structure for construction and sales of the fractional units are outlined in detail. Additionally, in the Response to the RFP, Section VI, Marketing Plan, the marketing plan for the fractional units details the strategies and objectives Flagstone will use, as well as comparables to be applied, in pricing the fractional units. 7.3 As indicated in the Economic Report, each yacht visiting and docking at the mega yacht marina will have an impact of Five Hundred Thousand Dollars ($500,000) to the City. As detailed in Section VII, Subsection 8, in the Response to the RFP, the economic feasibility of the mega yacht marina is confirmed by data illustrating a proliferation of mega yachts currently under construction. Also contained in the Response to the RFP in Section VIII, Subsections 1, 2, 3 and 4 is a detailed financial plan detailing (i) capital structure, (ii) pre -leasing cash flow, (iii) diversification of debt risk, (iv) low loan to value ratio, (v) determined hedging requirements, (vi) financial covenants and (vii) guaranties, all of which cumulatively comprise the financial structure for the Project. Strong name brand recognition, positive real estate fundamentals and the high level of proposed equity investment, make the Project a very attractive asset and a source of long-term financial profitability for the City. 7.4 There is no requirement in Article 17 of the Code that MUSP applications include final projections. It would be statistically irresponsible to submit projections for the myriad of possible outcomes regarding the financial projections for the Project. 8. Size and Scope The original RFP contained no height restrictions regarding any proposed development on Watson Island. The program of uses for the Project that Flagstone will construct has remained the same since the initial Response to the RFP. The height of the Project has increased because of the following reasons: (i) The United States Department of Homeland Security required that a secured lower level be constructed and maintained within the Project. 694657-1 4 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk (ii) Increases in minimum flood and surge elevations under applicable FEMA regulations. (iii) An additional two (2) levels added above the 5th level to provide additional space for public access and recreation in order to maximize view corridors. (iv) Ceiling heights were increased from nine (9) to ten and a half (101/2) feet in order to provide guests with more expansive views of the City as well as the surrounding area. (v) Three (3) additional elevators were provided in the five star hotels and fraction unit components. While the above have increased the height of the Project, the intensity of uses and impact on the community has remained the same. 694657-1 5 JULIO QHABEEL, AEA Manaoing Principal NAME OF FIRM YEARS WITH CURRENT t1T FIREM,'t EDUCATION Lawrence E3< nelo::;f SciE?noe' %+milli-% Ye/1968 REGESTRAT3ON5 S1 xEe O' f::o. ad:3r Arc :itsot:.:rs,%1f 71j Af C305460 Julio Grabiel, In his 35 years with Spillis Candela DMJM, Mr. Grabiel is now the Specialty Market Sector Leader for the firm, which includes hospitality, residential, retail and entertainment projects. In 1 Y/ years he has lead this market sector to double its billing for 1998. The firm's client base in this sector has expanded to include Club Med, Hyatt, Destination Resort Hotels, Marriott, Constructa, and The Rouse Co. He currently leads the design efforts on the Sandy Lane Hotel in Barbados and Club Med Sandpiper in Jupiter, Florida. As Specialty Market Sector Leader, Mr. Grabiel has made a significant contribution to the firm's international involvement, heading projects in Saudi Arabia, Argentina, Mexico and the Caribbean. His experience includes: • Sandy Lane Hotel Barbados, Barbados, West Indies. The new hotel facilities will include a 12,000 sq. ft. Spa and multi level pools, 140 luxury keys hotel , new kitchen facilities and restaurants, new support facilities , a new central plant to support the hotel , meeting rooms, children's playground facilities, tennis courts and staff residences as well as site and road improvements. • Anguila Golf Resort, Anguila Island, British West Indies. The property consists of approximately 235 acres of and with 800 feet of sand beach shoreline to be developed as a resort with an 18 hole championship Golf Course. The resort includes a 91-key hotel, Condo Units, villas, common facilities, golf club house, spa and three service buildings. • Eden Roc Hotel, Miami Beach, FL.. A truly historical gern, the renowned 350-room resort has been a luxury destination since its 1950's hey day. SCDMJM has been selected to complete a sensitive restoration updating the accomodations to present day standards. SNLLIS CANDELA DMJM • The Colonnade, Coral Gables, Florida. A mixed - use development, expan-sion and renovation which includes a 4-star, 151-suite. hotel, 210,000 SF office building, support retail, and parking garage. Also included is a specialty restaurant, bar and grill, and swimming pool. • Club Mediterranee Sandpiper, Port St. Lucie, Florida. A/E services for all phases of the project from schematic Design through Construction Administration for a beautifully landscaped country club styled resort village located on the banks of the St. Lucie River. 400 acres surround this wonderful resort which features two 18-hole golf courses and a golf academy, four swimming pools and two restaurants. The scope of work includes the complete renovation of the existing restaurant facilities and bar, a new lobby and back of the house facilities, and the addition of an outdoor entertainment area. • Sheraton Gateway Miami International Airport Hotel. Miami, FL. Zoning analysis package completed and currenly working on schematic design for this 325 room key, airport hotel. The hotel will have state of the art connectivity to airport to provide its clients the latest airport and airline information. • La Hacienda, La Estrella del Mar Resort, Mazatlan, Mexico. The master plan of this world -class 200-key luxury resort takes advantage of a prime oceanfront site on the Pacific coast of Mexico. The first phase of development will include 200 guestrooms overlooking the gardens and ocean, with an elegant pool area which extends to just feet from the ocean. Beyond this portion of the resort is a site which wili may later be developed with casitas, or secluded, individual suites, and leads to the world class Robert Trent Jones golf course which lies at the far end of the resort. • Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Julio Grabiel, AL&(continued) • Corniche Resort, United Arab Emirates. Spillis Candela is providing master planning, architectural design, engineering and interior design seivic:es in l.he development of a 50-unit resort in the United Arab Emirates. This luxury resort will feature one, two and three -bedroom villas nestled within a lush tropical environment. Catering to both tourists and business markets, the resort will be appointed with a private club and spa, four quality restaurants and a conference center. • Club Mediterra.nee Punta Cana, Don-ninican Republic. A new master plan for the 74 acre village. This new facility wit add 300 additional hotel rooms to the existing 334 room resort in the Dominican Republic. The existing rooms will be totally refurbished and a new multi -level pool, new restaurants and outdoor entertainment area will be added to the complex. All hotel roorns will have direct access and view to the beach and a new children's activity area will be incorporated into the resort. • James L. Knight International Center and Hyatt Regency Hotel, Miami, Florida. Multiuse facility including 615-room hotel, restaurants and retail shops, and convention/conference facilities. SP1 .LiS CANDELA MN • Belize Masterpian, Belize, Central America. 450- unit resort community, including 300-room hotel. 200-boat slip marina yacht club and 18-hole golf course in Corozal District. • Ffryes Bay Beach Hotel, Antigua. Master planning of a major resort property that includes a beach hotel with 250 keys and a sports hotel with another 250 keys, a sports marina, an eighteen hole golf course and a town center that would include 75 additional housing units. • Perico Island, Bradenton, FL. Perico Island will be a gated, water oriented, resort style community of nearly 800 diverse living units. Anchoring the community wilt be a sheltered yacht basin with an adjoining full service marina. The ambiance of an "Old Florida" retreat will be created in the "Village Center' that sits on the shores of the yacht basin and provides residents with facilities for recreation, shopping and dining. • Singer Island Hotel, Palm Beach, FL. Master planning and design of a 300 key, five star hotel to be operate by the Cunnard Co. as part of their world wide resort operation. In addition to the hotel two apartment buildings with 150 units were included in the site to be operated by the resort. Submitted Into the puble record in connection with item on Pr scitia AF Thompson City Clerk AEiSOM The goal of Island Gardens is to produce one of the finest landmark waterfront developments in the world. Island Gardens is a City of Miami mixed -use development combining one of the finest purpose built mega yacht marinas in the world, two hotels, retail, dining, entertainment, public amenities, a major waterfront promenade, gardens and a selection of cultural facilities, all integrated within an overall program of civic art. The success of this development derives from the critical mixture of all these facilities in an intimate village, and follows a tradition of mixed -use waterfront developments around the world. The site is unparalleled in the waterfronts of American cities, with the unique potential to create a project with 360 degree views. Providing an authentic public attraction that will attract people to this wonderful place, the project will create a waterfront environment with the support of destination amenities —cultural, retail and entertainment-- that will redefine the potential of this magnificent place. Into the Submitted connection With The basic program of components includes: record In pri i a A _ item Th pson Mega yacht marina with 43 slipsCity Clerk public 2 world class hotels 153,378 SF of retail shops 61,494 SF of restaurants Health spa Fish market and restaurant Maritime Museum Waterfront promenade Recreation deck and roof gardens Parking structure The project is developed around the simple notion of creating a real reason to go to one of the great places in the landscape of Miami. Historically Watson Island has been an underutilized waterfront asset. Island Gardens proposes a grand way to amend that situation, creating public access to world -class amenities where there are now only limited access and almost no amenities. More than 60% of the footprint of the 10.3 acres is set aside for public access, assuring public contact to the water. Submitted into the public record in connection with item Priscilla A. Thompson ty Clerk Perhaps the most significant of all of these public amenities is the promenade at the water's edge, which creates what will be the grandest waterfront space in Miami, taking advantage of unparalleled views to the skyline. The promenade ties into the upper level public piers, creating a unique opportunity to experience public space amidst the mega yachts that will occupy the marina. This 1000' long esplanade swells from 100' wide at its north and south edges to 170' at its deepest point at the center of the crescent that metaphorically embraces the bay. The promenade will be designed as a highly detailed public space, with landscaped gardens, reflecting pools, fountains, trellises, shade structures, pavilions, and outdoor furniture that will take advantage of both the views to the west and the retail amenities to its eastern edge. The actual edge of the seawall that forms the western edge of the promenade will be graced by a continuous cascading water wall that will serve as a required security barrier but --more importantly —create a visual link between the surface of the bay and the raised surface of the promenade. The promenade is anchored at its north and south ends by the fish market restaurant and the entrance to the lower level Maritime Museum respectively. Most importantly, the promenade is a totally publicly accessible urban space, open from within the project for those who arrive by car, and from the north and south for those arriving by foot, having first visited Parrot Jungle or the Miami Children's Museum. The promenade will thus play a role to insure that City of Miami's intention of providing continuous bay front access on Watson Island. The two mid -rise hotel towers, with spectacular views of Biscayne Bay, the Miami skyline and Miami Beach, will provide luxury accommodations for tourists and business travelers. Their matchless location between Miami's downtown and Miami Beach will allow the hotels to draw from both of these populations, and the shops and restaurants (marked by a variety of price points) will attract local clientele from Miami and indeed from the tri-county area. The two slender hotel towers rise above a podium which is in turn attached to the marina. The hotel towers are separated to provide as much air and light between them as possible and to maintain the maximum view corridor. Through their placement at the extreme north and south edges of the more or less wedge shaped site, they in effect splay outward, opening wider as they get closer to the bay. Their vocabulary takes clear cues from the nautical architecture of the cruise ships that are so much of the immediate context, and is noted in their names —the "Spinnaker" and the "Lighthouse." The towers embrace the view to the downtown, and relate specifically to the Bicentennial Park project now in development across the turning basin. Their arrangement when seen from the city also produces a sense of book ending the podium, providing clear markers that contribute to the projects clear sense of "landmark." The towers will have a unique position in the city —forever visually highlighted against the horizon and visible from all sides. Of differing heights, the towers will provide extremely varied compositions when seen together from various angles. Providing hotel suites of a variety characters, the and cabanas. Each of the towers terrace level near the level of the covered open space. Submitted Into the public record in connection with item -- ° Thomp nso alia A. City Clerk towers include typical rooms, suites, fractioPrisnal units, is visually lightened through the creation of a unique recreation deck, comprising wellness centers and The podium visually supports the towers and is conceived as a series of retail pavilions gathered around a network of vehicular and pedestrian streets. Each of these streets is tied to other elements either within the complex itself or to cues within the immediate context of the building. For example, the main north south roadway that delivers visitors to the shops and restaurants is aligned axially with the cone of the Miami's Children's Museum building immediately to the south. Similarly, the three story pedestrian circulation "spokes" align with towers placed at the ends of the piers. The arcaded circulation on the edge of the crescent provides open shaded circulation and the opportunity for outdoor seating related to the promenade. The publicly accessible recreation deck forms the top of the podium, and will accommodate several swimming pools, cabanas, restaurant, and a pool bar, and lush gardens that will be developed in consultation with Fairchild Tropical Gardens. The deck will provide views in all directions so that the visitor will be aware of the downtown skyline, the skyline of Miami Beach, the view to the cruise ships and the activities of Chalk's Airlines. The project has also been designed with great care as to how is perceived upon approach. The northern hotel tower presents its narrow edge upon approach from the west on the Macarthur causeway, providing the maximum view forward down the causeway and across to the big ships. A double roadway providing the main entry to the south hotel gently rises along the southern edge of the structure, providing a strongly landscaped element between the Children's Museum and Island Gardens. The mega yacht marina will provide a unique amenity in the international world of boating. The piers themselves will be unusual two level landscaped urban elements, providing the best of "four -anchor" state of the art marina design, as well as a fantastic new place in the waterfront elements in the city of Miami. The upper public level of the piers will be marked by a colonnade of royal palms, as well as seating and shade pavilions. The lower level will provide all the required services, security, and utilities required by a world class marina The piers will splay outward to open the views to and from the project and to embrace the skyline across the turning basin. The overall project is conceived as one integrated architectural expression, so that components of the marina visually align with major elements of the architecture and vice versa. Landscape has been considered here as an equal partner in the design and in the creation of a sense of place. Gardens, reflecting pools, and fountains play a role in all areas of the project. Moreover, the gardens will be designed to tell the story of the regional flora of South Florida as well as salt -water related landscape from waterfront areas from the four continents. The buildings themselves will be sheathed in light tones of green and blue glass, buff colored stone, and light metals. Trellises will be made of a combination of wood, metal, and canvas. The garage facade will be made of the same combinations of materials and landscape as the rest of the building, and will thus be perceived as an integrated component of the design. Finally, Island Gardens will provide a variety of cultural opportunities and programming for families, including festivals, gardens, public sculpture, fountains with regional/historical themes, and a maritime museum whose theme will be related to the history of shipping and waterfront of South Florida. To provide unique works of art created specifically to interact with the project in its place, the developer has engaged three significant local artists with experience in public art, Michele Oka Doner, Jose Bedia, and Maria Martinez Canas. Sculpture, ornament, gardens and educational plaques will mark the architecture. The combination of these cultural elements will contribute to the "story -telling quality of the city." Submitted Into the public record in connection with item ____on Priscilla A. Thompson City Clerk MICHAEE K £; R W EN. R�tr� Prins oaf, i>„chitecturai NAME OF FERM Spillis Cand,aia Eff,,1,1M YEARS W M•f CURRENT FERM 18 YEARS WITH OTHER FIRMS EDUCATION Masters :r Arct fitr esurs/19 9 HFsr aril university Bachelor of :rotaitfc rell9'84 Vaiiv?srsily of Miami REGISTRATIONS 19391Architectur e /AAOO 2acfofFior 3 Michael Kerwin, MA With over 15 years experience, Mike Kerwin is an award winning designer whose projects have been praised by both owners and peers alike. Mr. Kerwin has been involved in many of the firm's major projects. His background includes design, schematic drawings, design development and working drawings for government, institutional, commercial, office, residential and mixed -use projects. As the Design Principal cf the firm Mr. Kerwin has spearheaded many of the firm's major design efforts. Mr. Kerwin has been an active board member of the American Insitute of Architects for several years. Recently, he was elected President of the AIA's Miami Chapter. His relevant project experience includes: • Downtown Dadeland, Miami, FL. Carved from existing anonymous strip shopping centers, this new village within the city consists of seven new city blocks in a traditional urban grid. The project features 416 condominium units in buildings up to 7 stories high and 112,000 leasable SF of retail neighborhood -oriented shops and national brands. • The Colonnade, Coral Gables, FL. A mixed -use development, expansion and renovation which includes a 4-star, 151-suite hotel, 210,000 SF office building, support retail and parking garage. The development includes three buildings occupying a downtown city block developed around a local historic landmark. The project incorporates retail space in an interior gaileria, an office building, a luxury hotel and a parking garage, all associated with the existing historic structure. All new construction echoes the scale and detail of the original 1920's building. > SPlLLIS CANDELA OMJ11 • LaSalle Aparthotel & Spa, Miami, FL. A new 300- unit aparthotel with an executive business center, spa & gumnasium, youth entertainment center, restaurant%shops, and parking garage for 600- cars. • Nevis Island, The program consists of: Two beach hotels, four and five stars respectively, the best golf course in the Caribbean, a "mountain" hotel at the middle elevation of the property with incredible views of the Caribbean Sea and St. Kitts that embraces the elegant ruins of one of the Caribbean's first sugar plantations (built in the 1600s), and a destination spa. The entire project including single, multifamily and estate homes is anchored by a "town center" consisting of a unique in -land yacht harbour, capable of handling the largest yachts, a harbour master, ships store and rei.ail village, public square, full service beach and yacht club including the sunset jetty bar, and the only casino on Nevis. • Galaxy of Dadeland, Miami, FL. Situated on a 7.43 acre site which consists of three major components: the main retaillentertainment building; the residential component; and parking structure. The project contains 865,553 square feet which can accommodate tenants ranging in size from 3,000 SF to 12.5,000 SF. The project also consists of a residential component of 220 one and two bedroom apartments totaling 260,000 SF The parking garage accommodates 2,437 cars on six levels. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk The goal of Island Gardens is to produce one of the finest landmark waterfront developments in the world. Island Gardens is a City of Miami mixed -use development combining one of the finest purpose built mega yacht marinas in the world, two hotels, retail, dining, entertainment, public amenities, a major waterfront promenade, gardens and a selection of cultural facilities, all integrated within an overall program of civic art. The success of this development derives from the critical mixture of all these facilities in an intimate village, and follows a tradition of mixed -use waterfront developments around the world. The site is unparalleled in the waterfronts of American cities, with the unique potential to create a project with 360 degree views. Providing an authentic public attraction that will attract people to this wonderful place, the project will create a waterfront environment with the support of destination amenities —cultural, retail and entertainment-- that will redefine the potential of this magnificent place. The basic program of components includes: Mega yacht marina with 43 slips 2 world class hotels 153,378 SF of retail shops 61,494 SF of restaurants Health spa Fish market and restaurant Maritime Museum Waterfront promenade Recreation deck and roof gardens Parking structure Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk The project is developed around the simple notion of creating a real reason to go to one of the great places in the landscape of Miami. Historically Watson Island has been an underutilized waterfront asset. Island Gardens proposes a grand way to amend that situation, creating public access to world -class amenities where there are now only limited access and almost no amenities. More than 60% of the footprint of the 10.3 acres is set aside for public access, assuring public contact to the water. Submitted into the public record in connection with item n pn pt'is tla Morn t :it ' Clerk Perhaps the most significant of all of these public amenities is the promenade at the water's edge, which creates what will be the grandest waterfront space in Miami, taking advantage of unparalleled views to the skyline. The promenade ties into the upper level public piers, creating a unique opportunity to experience public space amidst the mega yachts that will occupy the marina. This 1000' long esplanade swells from 100' wide at its north and south edges to 170' at its deepest point at the center of the crescent that metaphorically embraces the bay. The promenade will be designed as a highly detailed public space, with landscaped gardens, reflecting pools, fountains, trellises, shade structures, pavilions, and outdoor furniture that will take advantage of both the views to the west and the retail amenities to its eastern edge. The actual edge of the seawall that forms the western edge of the promenade will be graced by a continuous cascading water wall that will serve as a required security barrier but --more importantly —create a visual link between the surface of the bay and the raised surface of the promenade. The promenade is anchored at its north and south ends by the fish market restaurant and the entrance to the lower level Maritime Museum respectively. Most importantly, the promenade is a totally publicly accessible urban space, open from within the project for those who arrive by car, and from the north and south for those arriving by foot, having first visited Parrot Jungle or the Miami Children's Museum. The promenade will thus play a role to insure that City of Miami's intention of providing continuous bay front access on Watson Island. The two mid -rise hotel towers, with spectacular views of Biscayne Bay, the Miami skyline and Miami Beach, will provide luxury accommodations for tourists and business travelers. Their matchless location between Miami's downtown and Miami Beach will allow the hotels to draw from both of these populations, and the shops and restaurants (marked by a variety of price points) will attract local clientele from Miami and indeed from the tri-county area. The two slender hotel towers rise above a podium which is in turn attached to the marina. The hotel towers are separated to provide as much air and light between them as possible and to maintain the maximum view corridor. Through their placement at the extreme north and south edges of the more or less wedge shaped site, they in effect splay outward, opening wider as they get closer to the bay. Their vocabulary takes clear cues from the nautical architecture of the cruise ships that are so much of the immediate context, and is noted in their names —the "Spinnaker" and the "Lighthouse." The towers embrace the view to the downtown, and relate specifically to the Bicentennial Park project now in development across the turning basin. Their arrangement when seen from the city also produces a sense of book ending the podium, providing clear markers that contribute to the projects clear sense of "landmark." The towers will have a unique position in the city —forever visually highlighted against the horizon and visible from all sides. Of differing heights, the towers will provide extremely varied compositions when seen together from various angles. Providing hotel suites of a variety characters, the and cabanas. Each of the towers terrace level near the level of the covered open space. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk towers include typical rooms, suites, fractional units, is visually lightened through the creation of a unique recreation deck, comprising wellness centers and The podium visually supports the towers and is conceived as a series of retail pavilions gathered around a network of vehicular and pedestrian streets. Each of these streets is tied to other elements either within the complex itself or to cues within the immediate context of the building. For example, the main north south roadway that delivers visitors to the shops and restaurants is aligned axially with the cone of the Miami's Children's Museum building immediately to the south. Similarly, the three story pedestrian circulation "spokes" align with towers placed at the ends of the piers. The arcaded circulation on the edge of the crescent provides open shaded circulation and the opportunity for outdoor seating related to the promenade. The publicly accessible recreation deck forms the top of the podium, and will accommodate several swimming pools, cabanas, restaurant, and a pool bar, and lush gardens that will be developed in consultation with Fairchild Tropical Gardens. The deck will provide views in all directions so that the visitor will be aware of the downtown skyline, the skyline of Miami Beach, the view to the cruise ships and the activities of Chalk's Airlines. The project has also been designed with great care as to how is perceived upon approach. The northern hotel tower presents its narrow edge upon approach from the west on the Macarthur causeway, providing the maximum view forward down the causeway and across to the big ships. A double roadway providing the main entry to the south hotel gently rises along the southern edge of the structure, providing a strongly landscaped element between the Children's Museum and Island Gardens. The mega yacht marina will provide a unique amenity in the international world of boating. The piers themselves will be unusual two level landscaped urban elements, providing the best of "four -anchor" state of the art marina design, as well as a fantastic new place in the waterfront elements in the city of Miami. The upper public level of the piers will be marked by a colonnade of royal palms, as well as seating and shade pavilions. The lower level will provide all the required services, security, and utilities required by a world class marina The piers will splay outward to open the views to and from the project and to embrace the skyline across the turning basin. The overall project is conceived as one integrated architectural expression, so that components of the marina visually align with major elements of the architecture and vice versa. Landscape has been considered here as an equal partner in the design and in the creation of a sense of place. Gardens, reflecting pools, and fountains play a role in all areas of the project. Moreover, the gardens will be designed to tell the story of the regional flora of South Florida as well as salt -water related landscape from waterfront areas from the four continents. The buildings themselves will be sheathed in light tones of green and blue glass, buff colored stone, and light metals. Trellises will be made of a combination of wood, metal, and canvas. The garage facade will be made of the same combinations of materials and landscape as the rest of the building, and will thus be perceived as an integrated component of the design. Finally, Island Gardens will provide a variety of cultural opportunities and programming for families, including festivals, gardens, public sculpture, fountains with regional/historical themes, and a maritime museum whose theme will be related to the history of shipping and waterfront of South Florida. To provide unique works of art created specifically to interact with the project in its place, the developer has engaged three significant local artists with experience in public art, Michele Oka Doner, Jose Bedia, and Maria Martinez Canas. Sculpture, ornament, gardens and educational plaques will mark the architecture. The combination of these cultural elements will contribute to the "story -telling quality of the city." Submitted Into the public record in connection with item Priscilla A. A• City Clerk S'3'E'YEN E_ARLI$--SO, Projscs Manager NAME Or FIRM :Ei"r:Eis f a::c:slrs MAN YEARS WITH CURRENT 3:ERNI YEARS WITH OTHER FIRMS EDUCATION University of Miami :3ac:h ei(o of Architecsi.im r 197 REGISTRATIONS of Armitecture No. 32+.)f.i ,l r'1:1r 2 NC RG i-.??r:Hied Steven LaRusso, RA Stever LaRusso has been a registered practicing Architect with over 25 years of experience as a principal of his own firm and as a project manager/ project architect for some respected architectural companies in the USA. While his strength is in the hospitality sector, he has been involved in many other large commercial and residential projects throughout the US and the Caribbean. Among his most recent experience is the Project Management and Architectural Field Representation for a 329 room luxury five star hotel in Miami, Florida. His experience includes: • Sandy Lane Hotel Barbados, Barbados, West Indies. The new hotel facilities will include a 12,000 sq. ft. Spa and multi level pools, 140 luxury keys hotel , new kitchen facilities and restaurants, new support facilities , a new central plant to support the hotel , meeting rooms, children's playground facilities, tennis courts and staff residences as well as site and road improvements. • Anguila Golf Resort, Anguila Island, British West Indies. The property consists of approximately 235 acres of land with 800 feet of sand beach shoreline to be developed as a resort with an 18 hole championship Golf Course. The resort includes a 91-key hotel, Condo iirits, villas, common facilities, golf club house, spa and three service buildings. • Perico Island, Bradenton, FL. F'erico Island will be a gated, water oriented, resort style community of nearly 800 diverse living units. Anchoring the community will he a sheltered yacht basin with an adjoining full service marina. The ambiance of an "Old Florida" retreat will be created in the "Village Center" that sits on the shores of the yacht basin and provides residents with facilities for recreation, shopping and dining. C;A DELA Submitted Into the public record in connection with item on • Mandarin Oriental Hotel, Brickell Key, Miami, FL. Project Manager and field project representative for RTKL Associates Dallas / New Live star luxury business hotel, 100 million dollar 329 rooms including luxury suites. This deluxe new hotel features a two story lobby with Asian accents, floor to ceiling glass to view Biscayne Bay, and Miami's most spacious waterfront and skyline views. This property, located on exclusive Brickell Key Island, is Mandarin's first new property on the U.S. East Coast and also features two specialty bay view restaurants, and a 15000 s.f. world class health spa and fitness center. • Magnolia Creek, Orlando, FL. Located in Orlando. Florida. Magnolia Creek resort and spa will house both a hotel and timeshare facilities. Phase I will consist of 500 rooms with approximately 80 timeshare units. Phase It will add an additional 300 units for a total of 800 units. Also included in this project are 70,000 SF of retail space bringing about a Town Center Theme. Spillis Candela DMJM is performing master planning and architectural services • Sheraton Gateway Miami International Airport, Miami. FL. The Sheraton Gateway catering to the international Business Traveiers consists of 350 keys with 15,800 SF of meeting facilities, 120 seat restaurant and a 75 seat lounge. The hotel is equipped with the state of the art information technology equipment. • Barclays Financial Center and J.W Marriott Hotel, Miami, FL. Project Manager for Nichols Brosch Sandoval and Associates Miami / New Class `A' 30 story office lower and 21 story, 300 room luxury hotel. This new mixed -use property features five star accommodations for business and vacation travelers, a nine story garage podium, atrium gallery and rooftop plaza, and 525,000 s.f. of rentable bay view office space. This property is located on Brickell Dr., in downtown Miami, Fla. Steven LaRusso, RA (contii ed } • Miami Airport Intercontinental Hotel. Miami, FL. Project Manager for Nichols Brosch Sandoval and Associates Miami / New 250 roorn airport location hotel. • Marriott "Frenchmens Reef" Resort Hotel, St. Thomas, US Virgin Islands. Project Architect for Nichols Brosch Sandoval and Associates / Renovation and addition to existing resort facility. • Design Center of the Americas, Dania Florida. Project Manager for Nichols Brosch Sandaval and Associates / Created as a showplace for the nations interior design industry, the 31 acre "DCOTA' includes some 1 million s.f. of showrooms in four buildings (phase 1 and 2 completed), a 250 room Sheraton hotel and an office plaza with 2- four story buildings. The first and second phase four story showroom structures feature an exterior of glossy white metal panels with dark gray windows and skylight atriums. SP LLiS CANDELA MN fcEi • Grand Bay Plaza Office Complex. Coconut Grove.FL. Project Manager for Nichols Brosch Sandoval and Associates / A luxury 175,000 s.f. bay view office tower adjacent to Grand Bay Hotel, a 200 room European style hotel with integrated site planning and amenities. • Spanish River Hotel/Condominium, Pompano, FL. Project architect for Nichols Brosch Sandoval and Associates / New 160 room tirne-share resort with recreational amenities and spa facilities. • Sheraton Royce Hotel, Houston, Texas. Project Architect for Nichols Brosch Sandoval and Associates / New 450 room hotel near international airport which features excellent facilities for conventions and business travelers. This facility also features a 10,000 s.f. ballroom, a 250 fixed seat auditorium, 10 conference suites, 300 ft. skylight gallery, two restaurants, lounge and health club. Submitted Into the public record in connection with itemmeompson Priscilla A. C Clerk The goal of Island Gardens is to produce one of the finest landmark waterfront developments in the world. Island Gardens is a City of Miami mixed -use development combining one of the finest purpose built mega yacht marinas in the world, two hotels, retail, dining, entertainment, public amenities, a major waterfront promenade, gardens and a selection of cultural facilities, all integrated within an overall program of civic art. The success of this development derives from the critical mixture of all these facilities in an intimate village, and follows a tradition of mixed -use waterfront developments around the world. The site is unparalleled in the waterfronts of American cities, with the unique potential to create a project with 360 degree views. Providing an authentic public attraction that will attract people to this wonderful place, the project will create a waterfront environment with the support of destination amenities —cultural, retail and entertainment-- that will redefine the potential of this magnificent place. The basic program of components includes: Mega yacht marina with 43 slips 2 world class hotels 153,378 SF of retail shops 61,494 SF of restaurants Health spa Fish market and restaurant Maritime Museum Waterfront promenade Recreation deck and roof gardens Parking structure Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk The project is developed around the simple notion of creating a real reason to go to one of the great places in the landscape of Miami. Historically Watson Island has been an underutilized waterfront asset. Island Gardens proposes a grand way to amend that situation, creating public access to world -class amenities where there are now only limited access and almost no amenities. More than 60% of the footprint of the 10.3 acres is set aside for public access, assuring public contact to the water. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Perhaps the most significant of all of these public amenities is the promenade at the water's edge, which creates what will be the grandest waterfront space in Miami, taking advantage of unparalleled views to the skyline. The promenade ties into the upper level public piers, creating a unique opportunity to experience public space amidst the mega yachts that will occupy the marina. This 1000' long esplanade swells from 100' wide at its north and south edges to 170' at its deepest point at the center of the crescent that metaphorically embraces the bay. The promenade will be designed as a highly detailed public space, with landscaped gardens, reflecting pools, fountains, trellises, shade structures, pavilions, and outdoor furniture that will take advantage of both the views to the west and the retail amenities to its eastern edge. The actual edge of the seawall that forms the western edge of the promenade will be graced by a continuous cascading water wall that will serve as a required security barrier but --more importantly —create a visual link between the surface of the bay and the raised surface of the promenade. The promenade is anchored at its north and south ends by the fish market restaurant and the entrance to the lower level Maritime Museum respectively. Most importantly, the promenade is a totally publicly accessible urban space, open from within the project for those who arrive by car, and from the north and south for those arriving by foot, having first visited Parrot Jungle or the Miami Children's Museum. The promenade will thus play a role to insure that City of Miami's intention of providing continuous bay front access on Watson Island. The two mid -rise hotel towers, with spectacular views of Biscayne Bay, the Miami skyline and Miami Beach, will provide luxury accommodations for tourists and business travelers. Their matchless location between Miami's downtown and Miami Beach will allow the hotels to draw from both of these populations, and the shops and restaurants (marked by a variety of price points) will attract local clientele from Miami and indeed from the tri-county area. The two slender hotel towers rise above a podium which is in turn attached to the marina. The hotel towers are separated to provide as much air and light between them as possible and to maintain the maximum view corridor. Through their placement at the extreme north and south edges of the more or less wedge shaped site, they in effect splay outward, opening wider as they get closer to the bay. Their vocabulary takes clear cues from the nautical architecture of the cruise ships that are so much of the immediate context, and is noted in their names —the "Spinnaker" and the "Lighthouse." The towers embrace the view to the downtown, and relate specifically to the Bicentennial Park project now in development across the turning basin. Their arrangement when seen from the city also produces a sense of book ending the podium, providing clear markers that contribute to the projects clear sense of "landmark." The towers will have a unique position in the city —forever visually highlighted against the horizon and visible from all sides. Of differing heights, the towers will provide extremely varied compositions when seen together from various angles. Providing hotel suites of a variety characters, the and cabanas. Each of the towers terrace level near the level of the covered open space. Submitted Into the public record in connection with item on Priscilla A. Thompson��►► towers include typical rooms, suites, fractional unit" Clerk is visually lightened through the creation of a unique recreation deck, comprising wellness centers and The podium visually supports the towers and is conceived as a series of retail pavilions gathered around a network of vehicular and pedestrian streets. Each of these streets is tied to other elements either within the complex itself or to cues within the immediate context of the building. For example, the main north south roadway that delivers visitors to the shops and restaurants is aligned axially with the cone of the Miami's Children's Museum building immediately to the south. Similarly, the three story pedestrian circulation "spokes" align with towers placed at the ends of the piers. The arcaded circulation on the edge of the crescent provides open shaded circulation and the opportunity for outdoor seating related to the promenade. The publicly accessible recreation deck forms the top of the podium, and will accommodate several swimming pools, cabanas, restaurant, and a pool bar, and lush gardens that will be developed in consultation with Fairchild Tropical Gardens. The deck will provide views in all directions so that the visitor will be aware of the downtown skyline, the skyline of Miami Beach, the view to the cruise ships and the activities of Chalk's Airlines. The project has also been designed with great care as to how is perceived upon approach. The northern hotel tower presents its narrow edge upon approach from the west on the Macarthur causeway, providing the maximum view forward down the causeway and across to the big ships. A double roadway providing the main entry to the south hotel gently rises along the southern edge of the structure, providing a strongly landscaped element between the Children's Museum and Island Gardens. The mega yacht marina will provide a unique amenity in the international world of boating. The piers themselves will be unusual two level landscaped urban elements, providing the best of "four -anchor" state of the art marina design, as well as a fantastic new place in the waterfront elements in the city of Miami. The upper public level of the piers will be marked by a colonnade of royal palms, as well as seating and shade pavilions. The lower level will provide all the required services, security, and utilities required by a world class marina The piers will splay outward to open the views to and from the project and to embrace the skyline across the turning basin. The overall project is conceived as one integrated architectural expression, so that components of the marina visually align with major elements of the architecture and vice versa. Landscape has been considered here as an equal partner in the design and in the creation of a sense of place. Gardens, reflecting pools, and fountains play a role in all areas of the project. Moreover, the gardens will be designed to tell the story of the regional flora of South Florida as well as salt -water related landscape from waterfront areas from the four continents. The buildings themselves will be sheathed in light tones of green and blue glass, buff colored stone, and light metals. Trellises will be made of a combination of wood, metal, and canvas. The garage facade will be made of the same combinations of materials and landscape as the rest of the building, and will thus be perceived as an integrated component of the design. Finally, Island Gardens will provide a variety of cultural opportunities and programming for families, including festivals, gardens, public sculpture, fountains with regional/historical themes, and a maritime museum whose theme will be related to the history of shipping and waterfront of South Florida. To provide unique works of art created specifically to interact with the project in its place, the developer has engaged three significant local artists with experience in public art, Michele Oka Doner, Jose Bedia, and Maria Martinez Canas. Sculpture, ornament, gardens and educational plaques will mark the architecture. The combination of these cultural elements will contribute to the "story -telling quality of the city." Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk RAMON ALVAREZ, PE, PTOE SENIOR VICE PRESIDENT - GENERAL MANAGER Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Professional Engineer State of Florida - #33065,1983 Puerto Rico - #9154, 1983 (Inactive) Master of Science, Engineering University of South Carolina, 1977 Professional Traffic Operations Engineer Bachelor of Science, Civil Engineering Transportation Professional Certif. Board, 2000 University of Puerto Rico, 1975 Professional Affiliations: Institute of Transportation Engineers American Society of Civil Engineers National Parking Association Intelligent Transportation Systems Council (ITS) Honors/Accomplishments: Eagle Scout Dale Carnegie Graduate Assistant University of Miami Seminars -Guest Speaker Florida International University -Guest Speaker Florida Section Institute of Transportation Engineers - Speaker Institute of Transportation Engineers (National) -Speaker Continuing Education: Institute of Transportation Engineers (ITE) Highway Capacity Seminar Florida Department of Transportation FSUTMS (Transit) Seminar Institute of Transportation Engineers (ITE) Intelligent Vehicle -Highway Systems Seminar Dale Carnegie Course PROFESSIONAL EXPERIENCE: 1998-Present: David Plummer and Associates, Coral Gables, Florida: Senior Vice President/ General Manager In charge of day to day operations of Coral Gables office technical sections. Responsible for technical and administrative direction of the firm's headquarters. Coral Gables office includes Transportation and Civil Engineering divisions as well as support staff such as CADD, word processing and graphics. Mr. Alvarez is also responsible for coordinating office operations with other DPA offices and participating in setting and implementing corporate policy. 1994-1998: Vice President/Transportation Division Responsible for the overall direction of the Transportation Division. This section includes Traffic Engineering, Transportation Planning, Preliminary Engineering and Environmental Sciences. Responsible for major transportation projects, technical quality control, client DAVID PLUMMER & ASSOCIATES, INC. RAMON ALVAREZ, PE, PTOE SENIOR VICE PRESIDENT - GENERAL MANAGER coordination and contract administration. Member of the firm's setting administrative and promotional policy. Submitted Into the public record in connection with item on Priscilla A. Thompson • City Clerk management committee 1991-1994: University of Miami, Coral Gables, Florida: Adjunct Faculty Teach 500-level transportation courses (last year undergraduate and graduate students). The courses included Traffic Engineering, Transportation Systems Planning and Demand Forecasting. Course work included lectures, exams, computer workshops and special practical proj ects. 1987-1994: David Plummer and Associates, Coral Gables, Florida: Senior Associate/Director of Transportation Responsible for planning, scheduling, and review of transportation studies for the Coral Gables office. Supervise and allocate department personnel and resources. Coordinate department project schedule with other departments and branch offices including drafting/clerical staff. Coordinate work efforts with clients and other consultants. Prepare transportation technical proposals. Organize and participate in technical proposal presentations. Provide technical assistance in Project Development and Engineering (PD&E) studies and specialized expertise to the branch offices in Ft. Myers and West Pahn Beach. Hire and train transportation personnel. Responsible for selection and installation of computer hardware and transportation/general applications software. 1983-1987: Associate/Project Manager Responsible for traffic impact assessment studies for single and mixed use developments including residential, retail, office, hospitals, stadiums, and Developments of Regional Impact (DRI). Participation in these studies included analysis, project coordination with clients and public agencies as well as presentations/meetings with public officials and citizen groups. Directed numerous signal warrant, intersection traffic operation and arterial studies. These studies include evaluation of existing conditions such as corridor speed/delay (measured with electronic equipment), signal phasing, timing and progression (using the SOAP, PASSER, and TRANSYT-7F computer programs). Alternative traffic operation improvements were formulated and evaluated. Recommendations and preliminary cost estimates were developed from these alternatives. Primarily responsible for parking studies including parking demand/use, revenue bonds feasibility and annual reports. Directed several origin/destination and trip generation studies. Principal involvement in urbanized area planning and UTPS modeling studies including Project Manager for the Ocala Area Transportation Study. Performed model data validation study for Dade County. Introduced computer modeling to the firm including QRS, TMODEL DAVID PLUMMER & ASSOCIATES, INC. RAMON ALVAREZ, PE, PTOE SENIOR VICE PRESIDENT - GENERAL MANAGER Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk and Micro-FSUTMS. Installed computer models for Broward, Lee, and Palm Beach Counties. 1983: Schimpeler Corradino Associates, Coral Gables, Florida Associated/Administrative Manager Responsible for administrative matters at the Coral Gables Branch Office. Project engineer for the design of guide signs on local streets intersecting with expressways and driveway location studies. Assisted in the development of a bus operating cost model for the Los Angeles Transit System. 1981-1983: Transportation Engineer III Project engineer for the development of new UTPS planning models for San Juan and training of local agency personnel Assisted in the design of questionnaires and coordination of on- board and telephone surveys for a statewide transit study in Florida. Participated in the development of standard transit network and assignment models for Florida and refinement/editing of the Los Angeles transit network. Responsible for updating the cash flow model for the Dade County transit system. 1980-1981: Schimpeler Corradino Associates (in Joint Venture with the Kaiser Transit Group), Miami, Florida: Traffic Engineer III Involved in traffic engineering design and studies for all the vehicular access elements of the rapid transit system in Dade County, Florida. Responsible for construction plan reviews and assisted in the preparation of signing and marking plans and Master Plan/Typical Section drawings for the Florida Department of Transportation road construction projects. Assisted in the definition of roadway geometrics using the computer program COGO. Participated in the conversion of the Dade County transit network from the UNET to the 'NET format. Performed traffic analysis for alternative station sites for the proposed Houston Rail Transit System. Assisted in corridor traffic analysis for the Detroit Light Rail Transit System. 1978-1980: Traffic Planner 11(Station Area Design and Development-SADD) Responsible for the traffic and transportation element of 10 transit station areas in the SADD program in Dade County, Florida. This multi -disciplinary program identified and recommended desirable land uses around each of the 20 transit stations. The traffic and transportation element of the program consisted of defining existing traffic conditions, estimating future traffic volumes and developing transportation plans for each alternative land use plan. The process required extensive technical analysis and a very intensive public involvement program. 1977-1978: Traffic Planner H (Systems Planning and Analysis) DAVID PLUMMER & ASSOCIATES, INC. RAMON ALVAREZ, PE, PTOE SENIOR VICE PRESIDENT - GENERAL MANAGER Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Responsible for traffic engineering support for various traffic planning and operations studies. Analysis of feeder bus access to transit stations, bikeway planning and pedestrian flow. Involved in the formulation of parking policies for the Miami CBD and transit station areas. Responsible for transit network analysis and editing for the Dade County transit system. 1977: Schimpeler Corradino Associates, Louisville, Kentucky: Transportation Planner II Involved in the development of a transit sketch planning manual for small communities in the State of Florida. This manual assesses the demand for transit, estimates the cost and aids in the design and implementation of a small transit system. 1976-1977: University of South Carolina, Columbia: Teaching Assistant, School of Engineering Prepared and conducted weekly lectures in engineering drawing, supervised and evaluated students work. 1976: University of South Carolina, Columbia: Graduate Assistant, Traffic and Transportation Center Testing of transportation software and preparation of documentation. 1974 (Summer): Puerto Rico Highway Authority, Bayamon: Engineering Technician III Assisted in conducting field surveys, soil tests and construction inspection for a new highway, the Rio Hondo Expressway. 1973 (Summer): Puerto Rico Highway Authority, Carolina: Engineering Technician III Assisted in conducting field surveys, soil tests and construction for the widening of Route PR 3. DAVID PLUMMER & ASSOCIATES, INC. Submitted Into the public record in connection with ._ .----- Island Gardens item on Responses to Priscilla A. 6 homPSOf City Clerk Steve Herbits (1000 Venetian Way Condo Association) 6/17/04 — DRAFT- 1. Traffic — The study area for the MUSP traffic study is consistent with City criteria and was set in the methodology approved by the City traffic consultant. Furthermore, the MUSP traffic study was supplemented with the traffic analysis in the NOPC application. The study area in the latter study extended several miles along all principal roads and was approved by numerous transportation agencies and their traffic consultants. In total the following transportation experts have reviewed and endorsed the traffic studies methodologies for this project: - Florida Department of Community Affairs - Florida Department of Transportation (FDOT) - FDOT Traffic Consultants - South Florida Regional Planning Council - City of Miami (COM) - COM Development Approvals Traffic Consultant - COM Planning Traffic Consultant 1.1. The hotels located at the site will prepare a Hurricane Action Plan and hotel guests will evacuate early. Moreover, no special events will take place at the site during a hurricane. 1.2. Traffic analysis for the Venetian Causeway is included as an attachment in the MUSP traffic study. The findings suggest that Island Gardens' traffic will be negligible on the Venetian Causeway, therefore, no significant impact is expected on vehicular flow and/or pedestrian/bicycle conflicts. Regarding traffic spillover impacts from McArthur Causeway, this project is not expected to create spillover traffic onto the Venetian Causeway. It is common knowledge that special events in Miami Beach and incidents on the MacArthur Causeway cause shifts in travel patterns that occasionally impact the Venetian Causeway. However, Island Gardens has no control over those conditions. 1.3. Weekend analysis is not required by state, regional or local agencies. However, during the week of May 26, 2004, the City traffic consultant analyzed previously available data from FDOT for McArthur Causeway. The data showed that weekend hourly volumes during the peak season are lower than weekday peak hour volumes. 1.4. The NOPC included large amounts of planned and committed projects such as the Performing Arts Center, projects in the Design District, and additional developments on secondary streets including the unbuilt portions of the Downtown DRI Increment I (in Brickell, the Downtown core, and Omni), and all the development that is part of the approved Increment II, among others. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Additionally, large committed developments within the City of Miami Beach were included as well. 1.5. A special events plan will be developed for events planned by Island Gardens. 1.5.a. Impacts for the proposed tunnel were included in the NOPC (regional study) analysis in the report Appendices. The impact of the Baylink was not considered as per the approved methodology, but if built it will have a positive impact because it will provide an additional method of traveling to/from the project, not to mention the benefits to traffic flow on MacArthur Causeway. If the FTAA was ever approved, they would be responsible for evaluating their impacts and any needed mitigation. 1.5.b. The traffic study has anticipated growth in traffic volumes on Watson Island. Furthermore, increases in PM peak hour volumes from Parrot Jungle / Miami Children's Museum are expected to be low inasmuch as a large portion the attractions' weekday patrons arrive by bus during other hours of the day. 1.5.c. Coordination of events is advisable in order to avoid too many concurrent special events in the area. Island Gardens will prepare plans for events at the site and will coordinate with others as appropriate. 1.5.d. See above response. Regarding the growth factor used in the analyses, each component of the future traffic growth calculation was applied consistent with the established and approved methodology. It should be noted that the composite traffic growth rate for the roads analyzed in Miami Beach and McArthur Causeway ranges from 2.9% to over 11% per year. The growth rates are based on the following: background growth, unbuilt Increment I Downtown DRI, unbuilt Southeast Overtown Park West DRI, Portofino DRI, and Increment II DRI traffic. 1.6. The left turn lane from MacArthur Causeway onto Hibiscus/Palm Islands reaches capacity occasionally. This is an existing condition. The Island Gardens project will not increase these back-ups. However, if extra storage is required at this location, extending the turn lane would be relatively easy to do. 1000VW.resp.doc Island Gardens Traffic Issues Presentation City Commission Hearing Draft — 6/17/04 Submitted into the public record in connection with item on Priscilla A. Thompson City clerk Good afternoon. My name is Ramon Alvarez with the firm of David Plummer & Associates. Our office is located at 1750 Ponce de Leon Blvd in Coral Gables. I am a registered professional engineer in the State of Florida and a nationally certified Professional Traffic Operations Engineer. I have a bachelors degree in Civil Engineering and a masters degree in Traffic Engineering and Transportation Planning. I have practiced exclusively in this specialty for 27 years. Over that time I have worked with clients in the private sector as well as numerous public agencies including: the Florida Department of Transportation, Miami -Dade County, the City of Miami and the City of Coral Gables among others. I have also taught graduate level courses on these subjects at the University of Miami, and I have presented many technical papers on a variety of topics to hundreds of transportation professionals throughout the United States. Our firm was hired two years ago to prepare the traffic studies required for this project. The project required two levels of approval: regional and local. The regional approvals entailed expanding the area of the previously approved Increment II of the Downtown Development of Regional Impact. These types of projects are usually referred to as DRIs. The process used to modify a previously approved DRI is known as a Notice of Proposed Change, or NOPC for short. The second tier of approval, at the local level, is securing a Major Use Special Permit, also known as a M-U-S-P or Musp. These approvals are secured from the city of Miami regardless of whether the project is located within the Downtown DRI area. Methodologies were discussed with, and agreed to in advance, with all the appropriate review agencies. The studies have been completed and comments from the agencies have been addressed. The local study found that all applicable levels of service standards have been met. The regional study concluded that this project will not increase the impacts of the previously approved Downtown DRI. In fact, by spreading the same number of trips and an equivalent amount of development over a larger geographic area, the traffic impacts are better dispersed throughout the roadway network, thereby reducing traffic loadings on critical roads. The process leading to these traffic studies has been open and it involved many parties at numerous points in time, including: a. b. c. d. e. f. Florida Department of Community Affairs Florida Turnpike Enterprise Turnpike Traffic Consultant Florida Department of Transportation FDOT Traffic Consultant South Florida Regional Planning Council g. City of Miami Beach h. City of Miami i. City of Miami Regional Traffic Consultant j. City of Miami Development Traffic Consultant k. Miami Downtown Development Authority (DDA) 1. DDA Traffic Consultant Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk In summary, we prepared two traffic studies addressing the project impacts. These studies were completed using standard methods and techniques after reaching agreement with the affected agencies. The studies have been subjected to a tremendous amount of scrutiny by traffic professionals in numerous transportation agencies and their traffic consultants. All issues brought up by reviewers have been addressed and the conclusions of the studies remain unchanged. We are available to answer any questions you might have. Thank you. commtestdoc EDSA 1512 E. Broward Boulevard, Suite 110, Fort Lauderdale, FL 33301 tel 9 54.5 24.3330 l+«: 954.524.0177 FLAGSTONE ISLAND GARDENS Watson Island Miami, Florida LANDSCAPE CONCEPT OVERVIEW Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk,,;,,,rrr„ ,r is reels': r: Le an:h.:lecture; urbr,:n rle,c-,gn. graphic fie.,:ig-rt The landscape concept for Island Gardens is focused on a high degree of integration between architecture and natural environment. Large scale landscape statements are a hallmark of the design, and are produced beginning with the arrival sequence on approach roads and parking structure walls, continue on the bayfront public promenade and retail streets, extend out on the marina piers, and culminate with grand scale roof gardens. The architecturally incorporated landscape elements, in particular, are a testament to a compelling vision supported by a strong collaboration between architect and landscape architect. ARRIVAL The arrival sequence on surface roads features a planted median with large scale screening against MacArthur Causeway. Opposite is the parking structure's north facade articulated with several levels of structural planters on the curving facade, which are also visible from the Causeway Bridge at higher levels. The road is punctuated by roundabouts fitted with fountains and special paving elements. The south arrival road climbs between formal rows of Date and Bismark palms, overlooking terraced gardens descending to the Miami Children's Museum grounds. The retail street is intimately scaled with brick surfacing, potted palms, pedestrian scale lanterns and hanging plants above. PROMENADE The bayfront promenade expresses signature view corridors achieved by sophisticated building geometry that creates sight lines from multiple points out to Biscayne Bay and downtown Miami. The forefront of this thousand foot promenade is a richly layered linear bosque of Royal Palms interlayered with specimen shade trees and rich groundcovers, flanking a linear shade canopy programmed for outdoor dining and entertaining. Central to the main axis of the promenade is a raised interactive fountain that when dry doubles as a performance stage. Water and public art expressions are key to the dynamic setting of the promenade; the shoreline facade of the elevated building structure is articulated with a thousand foot long cascade fountain that will shimmer in late day sun as seen from the marina piers, and provides a security barrier from the water. Scribed in the western arc of the retail buildings is a massive crescent reflecting pool that will receive mosaic floor treatment by a selected artist. jrrt lauderdale rrlando lac argyle; beam baltira"rt LCC000001 Flagstone Island Gardens Landscape Overview Page 2 Submitted ont�ection with e public record in c item _..._ on Priscilla A. ThompsoniClerk At visual axes will be placed charismatic features including the Fountain of Sails, statues of Henry Flagler and Julia Tuttle, and other works already conceptualized. ROOF GARDENS As visitors and hotel guests ascend a series of escalators and elevators, they are presented with breathtaking roof spaces that provide for a wide range of functions while enveloping users in a tropical landscape with views focused on the bay. Function terraces over the ballrooms are configured in to groves of Montgomery Palms in grass lawns with linear reflecting pools focusing attention outward; glass railings provide an unimpeded view. Internal to the building at this level is the spa with views out to sequestered sunlit spaces created by puncturing the levels above. Intimate spa treatment courtyards are open to the sky and framed by garden walls. The spa cafe is similarly open air under a palm bosque and water curtain wall. At the highest public building level, over 90 feet above the water, is the pool garden. This dramatic spatial sequence features three swimming pools with views out to both downtown Miami and to the ocean. Palm bosques, arbors, water curtains, cabanas with private terraces, pool bar and restaurant, are all immersed in a rich landscape envelope of wind tolerant palms, vines, shrubs, and grasses. Sunning lawns are adjacent to hardscape decks, and the lagoon pool features a sand beach zone. Total integration of landscape into architecture is made possible by creation of a building level that is dedicated to pool and soil volumes and mechanical equipment. This configuration allows all rooftop planting to be at grade with the surrounding surfaces, establishing a superior garden feeling in lieu of raised planters. CONTINENTAL GARDENS From the project's first conception, the vision has existed for an international aspect to the landscape. To this end, the notion of Continental Gardens expressing collections of plant species from all continents is being pursued with the talents of horticulturists at Fairchild Tropical Gardens. Fairchild experts will assist EDSA in amplifying unusual and non commercial treatments of distinctive landscape settings that will set Flagstone Island Gardens apart as a superbly crafted garden statement that will invoke and display a world botanical culture not previously seen in the Miami landscape. fni Lauderdale trrian t, i(lti C rg L'a irrijing halii:n,n'e EDSA Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk FIRM OVERVIEW EDSA has established itself as one of the leading planning and landscape architectural firms in the world. Practicing since 1960, the firm is widely recognized for its abilities to deal with complex projects in the following market sectors: hotels and resorts, community planning, attractions and entertainment, urban design, campus and cultural, and ecotourism. The. EDSA staff consists of approximately 150 planners, landscape architects, graphic designers and support personnel. The firm provides complete planning, design, production and field supervision services from offices in Fort Lauderdale, the firm's headquarters, Orlando, Los Angeles, Baltimore, and Beijing. In addition, the firm employs an interdisciplinary approach to its projects and often collaborates with experts in other fields such as architecture, engineering, traffic planning, social sciences, ecology, and economic research. Specific services offered by EDSA include: • Pre -Development Project. Management • Land Use Programming and Planning • Site Analysis and Evaluation • Project Evaluation/Renovation. • Developtent Feasibility and Cost/Benefit Analysis m Detailed Site Development Design n Environmental Graphics m Graphic Design EDSA also offers its clients a comprehensive package of computer -based services to augment their on -going planning and design activities. The firm can supply drawing and data output to its clients in a range of formats including Auto('.AD, GIS and others as required. EDSA also employs the latest graphic design software and hardware. Each project is directed by a principal having similar project experience, and supported by a veteran staff of skilled professionals organized as a working team. This assures that each project will receive the highest level of design expertise and project management that is required. EDSA utilizes a design process, which begins by gaining a basic understanding of the client, project, site, and end user. This process evolves through a series of steps into a very clear, viable and exciting vision of the solution. This inchxdes frequent reviews and careful scrutiny from other EDSA principals and advisory consultants, close coordination with the client, and an active public involvement program. 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'. an integrated approach to community planning, delivering a higher quality of life EDSA Submitted Into the public record in connection with item .,,.....�;..._-- Prisalla A. Thompsonilerk ROBERT M. DUGAN, ASLA »j n<?,,a With EDSA since 1977, Mr. Dugan's responsibilities have included managing projects throughout the visioning, planning, and design process, from inception of planning through construction, for both private and public sector clients. His project experience includes addressing large scale land analysis and planning, specific site design, citizen involvement, permitting, and construction tnanagement. Large-scale project involvement includes being the project manager or master planner for the following projects: Boca Resorts Properties — EDSA has maintained an ongoing role in assisting with repositioning and redevelopment efforts for Boca Resorts' properties including the Boca Raton Resort and Club, The Bahia Mar Resort and Marina, Hyatt Regency Pier 66, The Registry Resort, and Naples Grande. 4 St. Joe, NW Florida- EDSA conducted a variety of planning and vision exercises including the preparation of design guidelines associated with lands owned by The St. Joe Company in the northwest of Florida. These projects are either in the entitlement process or varioas stages of detailed design and construction. g The Estates of Golden Grove and Buccoo, Trinidad and Tobago, West Indies - EDSA prepared a master plan for this planned 535-acre oceanfront resort sited on a retired coconut and sugar plantation on Buccoo Bay in Tobago. The resort is planned to include a 200-roorn beachfront. hotel, 18-hole golf course, golf villas, a marine research center, and is envisioned as an Audubon rated facility. • Riverwalk, A mile -long linear park on the New River in downtown Fort Lauderdale, Florida, which serves as a pedestrian. linkage between downtown attractions and businesses. EDSA. prepared the master plan, design guidelines and construction documents for the project. Riverwalk received the National Landscape Award from the White House in 1994 in recognition of outstanding treatment of public open space. « The John and Mable Ringling Museum of Art, the 58-acre estate and private art museum of the Ringling family, willed to the citizens of Florida by John Ringling. EDSA provided the land planning and landscape architectural components of a sweeping expansion program intended to increase the museum's attendance and position in the museum venue. a Limestone, Bowling Green, Kentucky - EDSA prepared a land use plan, residential planning, arrival sequence, architectural graphic design, and clubhouse site planning for this 535-acre private golf course and country club. The Arthur Hills -designed I8-hole course is the central feature of the community set in the limestone geography of northern Kentucky. * The Office Depot Center, Home of the Florida Panthers, Sunrise, Florida - EDSA participated in the site plan development and landscape architectural design for the 20,000-seat arena, sited on 130 acres. The arena is served by 7,000+ parking spaces, organized to provide seamless pedestrian movement. EDSA also participated in the Broward County .Public Art and Design component of the project. - e, Blockbuster Park, A 3,000-acre destination-themed attraction in Broward County, Florida. EDSA managed the consulting team through the master planning process. Sonesta Beach Resort Curacao, a 250-room beachfront resort on Pisc:adera Bay in southern Curacao, Netherlands Antilles. The Dutch colonial structure is sited on a man-made beach, and features a geometric oceanfront pool in a formal garden setting. The resort is home to a portion of the Sonesta art collection from both local and international sources. EDSA Submitted Into the public record in connection with item on Priscilla A. Thompson lerk ROBERT M. DUGAN, ASLA s Morgan's Woods, Sarasota, Florida - EDSA provided master panning in coordination with Nicklaus Resign. for this golf course community planned for a 350-acre site featuring pine flatwoods, oak hammock, and freshwater wetlands in Manatee . The low -impact design, respectful of native habitats, will preserve the site's dramatic natural features, and is anticipated to include estate lots, clubhouse, and exclusive interval ownership components. * Holiday Park, Fort Lauderdale, Florida, EDSA is producing site planning and construction documents for an $8 million renovation of this 90-acre park in central Fort Lauderdale & Fort Lauderdale Downtown Prototype Streetscape - EDSA is currently preparing detailed designs for a prototype streetscape anticipated to be applied throughout the city center 4 Four Seasons Resort Tobago, Trinidad and Tobago, West Indies - EDSA prepared a master plan for this planned 380-acre oceanfront resort sited on a retired coconut and sugar plantation on Buccoo Bay in Tobago. The resort is planned to include a 200-room beachfront hotel, 18-hole golf course, golf villas, a marine research center, and is envisioned as an Audubon rated facility. * Pier 66 Hotel and Marina, a 338-room hotel in Fort Lauderdale, Florida, was renovated by EDSA in 1988 with two new pools and room expansion designed to visually tie previous additions. e 17th Street Causeway Bridge, Fort Lauderdale, EDSA is the project landscape architect as well as a member of the post -design team. The firm's role includes participation. in overall aesthetic oversight, public participation, and site planning issues. Mr. Dugan is currently serving as project manager. * South Shore Design Guidelines Involved the preparation of design standards for public and private development. within the 200+ acre waterfront project. A Mar-a-L.ago, Palm Beach, Florida - EDSA created site design eletnents replicating historic portions of the Post Estate for its transformation into a private club. (:ity of Sunrise Corridor Beautification Projects, Florida. EDSA is currently designing several landscape projects for right-of-way enhancement throughout the City of Sunrise on major roadway corridors. Broward County Main Library, Fort Lauderdale, Florida, A 256,000-square foot, 8-story building in the heart of downtown Fort Lauderdale, Florida. It provides not only a repository for books but also an outdoor plaza that serves as a place for gathering to downtown visitors and employees. • Museum of Discovery and Science, An 80,000-square foot interactive science museum located in downtown Fort Lauderdale, Florida. EDSA provided site planning, design services and coordination of the consultant team. State University of New York, Syracuse, Bachelor of Science, cum laude, in Landscape Architecture, 1977 Landscape Architect - Florida #567 (1978) D S A Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk B. SCOTT LAMONT, ASLA ►;zee Prthde>>! Scott LaMont joined EDSA in 1996 and has since been involved in all aspects of landscape architecture, flanging from large scale planning to detail design. Mr. LaMont has played a major role in the development of many projects from planning through construction, for both private and public sector clients. His responsibilities have typically included the design and management of a range of projects throughout the planning and design process. Mr. LaMont's experience includes: os Boca Resorts Properties — EDSA has maintained an ongoing role in assisting with repositioning and redevelopment efforts for Boca Resorts' South Florida properties including the Boca Raton Resort and Club, The Boca Beach Club, The Bahia Mar Resort. and Marina, Hyatt Regency Pier 66, The Registry Resort, and Naples Grande. Mr. LaMont has served as the project manager for these projects and has been responsible for all aspects of EDSA's design, permitting and construction observation efforts. a The Estates of Golden Grove and Buccoo, Trinidad and 'Tobago, West Indies. EDSA prepared a Master flan for this planned 380-acre oceanfront resort sited on a retired coconut and sugar plantation on Buccoo Bay in Tobago. The resort is planned to include a 200-room beachfront hotel, 18-hole golf course, golf villas, a marine research center, and is envisioned as an Audubon rated facility. * Holiday Park, Fort Lauderdale, Florida. EDSA participated in the Master Planning, design and construction of a multi -phase $8 million renovation of this 150-acre park in central Fort Lauderdale. Mr. LaMont participated in construction and design activities and was responsible for all final construction documents and field observation for the project. 6 Limestone, Bowling Green, Kentucky. EDSA prepared a land use plan, residential planning, arrival sequence, architectural graphic design, and clubhouse site planning for the 535-acre private golf course and country club. * Morgan's Woods, Sarasota, Florida. EDSA provided Master Planning in coordination with Nicklaus Design for this golf course community, which is situated on a 350-acre site featuring pine flatwoods, an oak hammock, and freshwater wetlands. The low -impact design, respectful of native habitats, will preserve the site's dramatic natural features, and is anticipated to include estate lots, clubhouse, and exclusive interval ownership components. The Registry Resort, Naples, Florida. EDSA participated in the Master Planning of the Hotel expansion and the design and construction of a large swimming pool complex with luxury pools with complete resort amenities. The Registry Resort. is a luxury hotel situated on 23 gulf front: acres on the Gulf of Mexico's platinum coast in Florida's exclusive southwest City of Naples. Mr. LaMont provided the project management for both the design and construction of the Pool Complex and was responsible for all final construction documents and site observation. 6 Office Depot Center, Horne of the Florida Panthers, Sunrise, Florida. EDSA participated in the site plan development and landscape architectural design for the 20,000-seat arena, sited on 130 acres. The arena is served by 7,000-;- parking spaces, organized to provide seamless pedestrian movement. EDSA also participated in the Broward County Public Art and Design component of the project. Mr. LaMont participated in both the design and construction activities and was responsible for all final construction documents. University of Florida, Bachelor of Landscape Architecture, cum Linde 1996 Landscape Architect - Florida #6666676 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Miami Economic Associates, Inc. Miami Economic Associates, Inc. (MEAT) was formed in 1995 to provide real estate consulting services to both private and public sector clients. MEAI's business plan is based on the following principles: • Geographic focus on Florida, the Caribbean and Latin America; • Provision of quality client service through the personalized involvement of senior professionals; and • Establishment of strategic alliances with co -professionals in planning, architecture and engineering, appraisal and macro -economics to assure a multi -disciplinary approach to problem solving, where appropriate; and MEAI is capable of providing a wide range of services to its clients with respect to all uses of real estate including for -sale and rental housing, planned unit development, hotels and destination resorts as well as office, retail and industrial uses. Services provided by the firm include: • Market research; • Financial feasibility analysis; • Development programming; • Economic/fiscal impact analysis; • Economic development strategy formulation; • Acquisition due diligence; • Economic valuation analysis; • Preparation of financing packages; • Financial structuring analysis; • Zoning advocacy; • Litigation support, including expert witness testimony. Adherence to MEAI's business plan as well as its operational management is the responsibility of Mr. Andrew Dolkart, the Firm's President. Mr. Dolkart has been providing real estate and economic development consulting services to clients in Florida, the Caribbean and Latin America for a period of nearly 30 years. Prior to establishing MEAI, he served as the Director of Real Estate Consulting Services for the Miami offices of three national firms including GA/Partners (merged with Arthur Andersen LLP), Laventhol & Horwath and Kenneth Leventhal & Company (merged with Ernst & Young LLP). Miami Economic Associates, Inc. Page 2 With respect to private sector clients, Mr. Dolkart has: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk • Performed market research and financial feasibility analyses for projects throughout the State of Florida involving all uses of real estate including residential, resort, office, retail, industrial, hotel and residential development. • Assisted clients, based on market and financial analyses performed, in formulating development programs for planned unit and mixed use developments that optimize performance/value. • Valued the portfolios of a number of the nation's largest community -scale developers including Gulfstream Land & Development Corp., Markborough Communities, Cenvill and Westinghouse Communities. • Advised clients regarding issues of marketability, financial feasibility and operations for resort projects in Puerto Rico, Mexico, Barbados, Brazil, Tobago and the U.S. Virgin islands, among other international destinations. • Proposed financial restructuring plans that enabled clients to reduce leverage and/or improve responsiveness to emerging opportunities. • Evaluated the feasibility of financial reorganization plans submitted to the Court in bankruptcy proceedings. • Created an Argentinean version of the Multiple Listing Systems used by U.S. realtors. • Been accepted by federal and state courts for the purpose of offering expert witness testimony. • Assisted clients in the presentation of comprehensive plan amendments and zoning applications in terms of the underlying market and demographic factors to which they are responding. • Prepared fiscal and economic portions of the Application for Development Approval for several South Florida Developments of Regional Impact. Mr. Dolkart's public sector assignments have entailed the following: • Due diligence services with respect to three Resolution Trust Corporation (RTC) asset and loan bulk sale/securitization portfolios totaling over $2 billion in value. Miami Economic Associates, Inc. Page 3 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk • Market and financial feasibility analyses with respect to redevelopment plans in the cities of Miami, Miami Beach, Plantation, Pompano Beach and Dania, among others. • Formulation of the policies and procedures utilized by Metropolitan Dade County for the establishment of tax increment redevelopment districts under the provisions of Florida Statute 163. • Economic and fiscal impact analysis demonstrating the impact of Miami Beach's historic Art Deco district on the City's economy. • Market, financial feasibility and deal structuring analyses with respect to public/private joint development initiatives relating to airport terminal and cargo facilities in Trinidad and Jamaica and an airport hotel at Simon Bolivar Airport in Caracas, Venezuela. • Service as Financial Advisor to the City of Miami Parking System regarding a developer selection process. • Preparation of economic development strategies relating to the tourism, international trade and marine industries of Puerto Rico and Dade and Volusia Counties, Florida, respectively. MEAI is dedicated to providing its clients with the highest level of professionalism both technically and in terms of commitment to client service. ANDREW DOLKART Miami Economic Associates, Inc. Position: President Summary of Experience: Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Mr. Dolkart has provided real estate consulting services to developers, investors and governmental entities for nearly 30 years. His many consulting assignments have involved all major uses of real estate including residential, hotel and resort development as well as office, retail and industrial projects. His professional activities have been primarily focused on real estate projects in Florida, the Caribbean, Mexico, Central and South America. Throughout his consulting career, Mr. Dolkart has performed a large number of assignments involving market and financial feasibility analysis for residential projects, including large-scale planned communities and destination resorts. Additionally, he served as the Director of Commercial Development for Gulfstream Land & Development Corp., historically one of Florida's most prominent community developers. Mr. Dolkart is considered one of the leading experts in the State of Florida with respect to the economics of community redevelopment and tax increment financing. He has performed market and financial feasibility analyses for community redevelopment authorities in Miami, Miami Beach, Pompano Beach, Plantation and Dania. In 1987, Mr. Dolkart was retained by the Metropolitan Dade County Office of Community and Economic Development to formulate policies and procedures for the establishment of community redevelopment districts within Dade County. Mr. Dolkart has been the primary spokesman for the Greater Miami Chamber of Commerce on the need for affordable housing within Dade County. He is also currently chairing a task force established by the Miami -Dade County Manager addressing issues relating to the provision of affordable housing within the County. Education: 1963 — 1967 Harvard College - Bachelor of Arts, Cum Laude 1967 - 1969 Harvard Business School - Masters of Business Administration Andrew Dolkart Page 2 Previous Positions: Submitted Into the public record in connection with item ___ on ------ Priscilla A. Thompson City Clerk 1991 — 1995 Kenneth Leventhal & Company - Director, Real Estate Advisory Services Florida/Caribbean 1988 — 1990 Laventhol & Horwath - Director, Real Estate Advisory Services Florida/Caribbean 1986 — 1988 GA/Partners - Vice President in Charge Florida Office 1983 — 1986 Gulfstream Land & Development Corp. - Director, Commercial Development 1980 —1983 Laventhol & Horwath - Director, Real Estate Advisory Services Florida/Caribbean 1976 - 1980 Jandy, Inc. - Owner/President 1972 — 1976 Gladstone Associates - Senior Associate 1969 — 1972 U. S. Navy - Commissioned Officer, Office of Legislative Affairs Affiliations: Greater Miami Chamber of Commerce Urban Land Institute Greater Miami and the Beaches Hotel Association Miami -Dade County Enhanced Affordable Housing Work Group, Co-chair Metro - Dade School Overcrowding Task Force Metro - Dade Revenue Sharing Task Force Phillips Exeter Academy, Former Member of the Alumni/ae Board Ransom Everglades School, Former Trustee Habitat for Miami of Greater Miami, Board Member Prior Relevant Experience Economic and Fiscal Impact Analysis Miami Economic Associates, Inc. Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Miami Economic Associates, Inc. (MEAT) has performed a number of economic and fiscal impact analyses during the past few years. All the work performed by the firm has been directed by the firm's President, Mr. Andrew Dolkart. Our recent experience includes the following projects: City of Miami MUSP Applications Miami River Village Rosabella Infinity Developments of Regional Impact Village at Merrick Park Kendall Town Center Broward Lightspeed Center Beacon Lakes Village at Gulfstream Park Community Redevelopment Districts East Pompano Beach CRA Gateway 7 CRA (Plantation) Dania Beach CRA Sebastian CRA Other Projects Ocean Marine Yacht Club (Hollywood Beach) South Miami Hospital (South Miami) University of Miami (Coral Gables) La Piazza (Hollywood) Proposed Cornerstone Mixed Use Project (Hollywood) Proposed HART Mixed Use Project (Hollywood) Proposed Intracoastal Mall Mixed Use (North Miami Beach) Homestead Park of Commerce (Homestead) Proposed Spring Training Baseball Facility (West Palm Beach) Proposed Dacra Downtown Project (West Palm Beach) Submitted Into the public record in connection with item on Thompson Pr+sa City Clerk Miami Economic Associates, Inc. Selected Client List The following are clients served by the professional staff of Miami Economic Associates, Inc.: Developers/Investors Gulfstream Land & Development Corp. Al Townsel, Inc. Puerto del Rey The Comras Group Arvida Cenvill Toll Brothers Carlisle Group Acadia Partners The Goodman Ecclestone Company Viera Development Company Baptist Health South Florida Codina Group Swerdlow Real Estate Group The Green Companies The Urban League of Greater Miami, Inc. Taylor Woodrow The Lyle Anderson Company Huizenga Holdings, Inc. Mutual of New York Prudential Realty The Rouse Company The John Alden Companies The J. C. Nichols Company Banorte (Mexico) Republic National Bank Watermark Communities, Inc. Xentury Development, Inc Flager Development Bechtel Archstone Communities Seaway, Inc. The Mahaffey Group Belz Enterprises Salomon Brothers Coral Ridge Communities, Inc. Constructa, Inc. Bahia Desarollo (Panama) MasCap Development Florida East Coast Realty, Inc. Bank of Worms Integral Group THC Universal (Venezuela) The Amelia Park Company Buzios Company (Brazil) Kendall Development The Graham Companies Airis AIG St. Joe Easton -Babcock & Associates Inc. Southeast Centers, Inc. Margolis Enterprises Markborough Communities Dade Residential Developers Continental Homes (D.R. Horton) Adrian Homes American Heritage Homes The Continental Companies Tres Vidas Development (Mexico) Kidder Peabody & Company Equity One Republic National Bank Cook Inlet Region, Inc. Metropolitan Life Quail West Xerox Realty The Related Company of Florida Federated Realty Trump Group Goldman Sachs White Rock Industries MEAI Selected Client List Page 2 Institutional Clients Baptist Health Systems South Florida Attorneys Bilzen Sumberg Baena Axelrod & Price Greenberg Traurig Shubin & Bass Gunster Yoakley & Stewart Tew Cardenas Rebak Kellogg Demaria & Tague McConnell Valdes Architects, Planners and Engineers Bermello Ajamil & Partners Keith & Schnars WRT, Inc. Sasaki Associates Rodriquez and Quiroga Post Buckley Schuh & Jernigan Iler Planning Group Craven & Thompson Civic Design Associates Bradshaw Gill Public Sector Metropolitan Dade County (Florida) City of South Miami City of Miami Parking System City of North Miami City of Clearwater City of St. Petersburg Ponce de Leon Port Authority City of Daytona BeachNolusia County Resolution Trust Corporation U.S. Railway Association Aviation Department of Trinidad & Tobago U.S. Trade Development Corporation Broward County (Florida) City of Plantation Florida Department of Transportation City of Aventura City of Coral Springs Downtown Development Authority (Miami) Downtown Development Authority (West (Palm Beach) Submitted Into the public record in connection with item or Priscilla A. Thompson City Clerk University of Miami Bercow & Radell Stroock & Stroock & Lavan Schantz Schatzman & Aaronson Arnold & Porter Baker & Hostettler Thomson Muraro Razook & Hart Akerman Senterfitt Carr Smith Corrodino Spillis Candela & Partners Curtis & Kimball Curtis + Rogers David Plummer & Associates EDSA Keith & Associates Houston Cuozzo Wilbur Smith & Associates City of Coral Gables City of Miami City of Miami Beach City of Delray Beach City of Jacksonville City of Houston Broward Economic Development Corporation Federal Deposit Insurance Corporation Puerto Rico Tourism Company Institute Autonomo Aeropuerto lnternacional de Maiquitia City of Destin City of Miramar City of Dania City of Pompano Beach Village of Pinecrest City of Sebastian Island Gardens Coastal Permitting Presentation City Commission Hearing 6/22/04 Submitted Into the public record in connection with item on Priscilla A. Thompson City Clerk Good afternoon. My name is Christy Brush with the firm of Coastal Systems International, Inc. Our office is located at 464 South Dixie Highway in Coral Gables. I am a registered member of the National and Florida State Association of Environmental Professionals. I have a bachelor's degree in Marine Science and have practiced exclusively in this specialty for 6 years. Over that time I have worked with clients in the private sector to conduct environmental impact assessments and secure regulatory permits, including extensive coordination with public agencies including: the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District, Miami -Dade County, and the City of Miami, among others. Our firm was hired two years ago to prepare applications and process the environmental resource permits required for the marine component of this project, including the proposed docking structures, the proposed dredging activities, and the proposed mitigation to offset marine environmental resource impacts. The primary agencies our firm is responsible for coordinating approval with are the U.S. Army Corps of Engineers, the South Florida Water Management District, and Miami -Dade County Department of Environmental Resources Management. The federal and state approvals require processing a permit for activities in and that may affect jurisdictional waters and existing biological resources. A project such as Island Gardens requires an Individual Permit, whereby a higher level of environmental review is conducted because of the scope of the project. The county approval process includes acquisition of a Class I Coastal Construction Permit (standard form), and requires the same level of environmental impact review, alternatives analysis and impact avoidance/minimization review, prior to permit issuance. The permits from these 3 regulatory agencies are currently under review, and are expected to be approved in the near future. Marine resources in the vicinity of the project have been extensively evaluated. Over 25 SCUBA dives have been logged by Coastal Systems, and were conducted to assess environmental resources, including a site inspection (August 21, 2003) that allowed the regulatory agencies to gain first-hand knowledge of the marine resources present within the boundaries of the proposed project. Pre -application meetings (June 2003), followed by 2 interagency meetings (October 2003 and February 2004) were held to discuss the project components, and potential environmental impacts with all the appropriate review agencies. Extensive individual discussions with each regulatory agency have also been conducted. As a result of these discussions alternatives were evaluated and implemented, thereby minimizing environmental impacts. To the greatest extent practicable to date, all comments from the agencies have been addressed. The results of our marine environmental assessments and negotiations with the environmental resource agencies indicate that the project is approvable with specific criteria and conditions related to project environmental resource impact minimization and mitigation. The seagrass mitigation plan has been substantively approved by the South Florida Water Management District at this time, and includes mitigation of seagrass impacts at a ratio of 3.5 acres for every 1 acre of impacts. Benthic mitigation for impacts to sponges and other benthic communities is proposed at an average ratio of approximately 3 acres for every 1 acre of impact. The environmental assessments in combination with regulatory review indicate that the documented unavoidable project environmental resource impacts are mitigable by the creation of habitat in accordance with accepted scientific methodology and standards. The process to date has been an open discussion and collaboration between the project team and the environmental regulatory agencies to environmental considerations with a project that successfully meets the goals of the City of Miami and Flagstone Island Gardens, LLC. The process continues to involve the input of appropriate environmental stakeholders, such as the U.S. Environmental Protection Agency, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission, who provide comments to permit -issuing agencies. In summary, we are processing permit applications with the Corps, SFWMD, and DERM to confirm project compliance with all marine environmental regulations. The applications have been subjected to a high level of scrutiny by regulatory staff. All issues raised by reviewers have been or will be addressed so that the project can proceed as expeditiously as possible. We are available to answer any questions you might have. Thank you. Submitted Into the public record in connection with item on Priscilla A. Thompsonile k